Div 1Member integrity

Division 1—Member integrity 62—General duties (1) A member of a council must at all times act honestly in the performance and discharge of official functions and duties. (2) A member of a council must at all times act with reasonable care and diligence in the performance and discharge of official functions and duties. (3) A member or former member of a council must not, whether within or outside the State, make improper use of information acquired by virtue of his or her position as a member of the council to gain, directly or indirectly, an advantage for himself or herself or for another person or to cause detriment to the council. (4) A member of a council must not, whether within or outside the State, make improper use of his or her position as a member of the council to gain, directly or indirectly, an advantage for himself or herself or for another person or to cause detriment to the council. (4a) A member or former member of a council must not disclose information or a document— (a) in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or (b) that the member or former member knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially. (4b) Nothing in subsection (4a) prohibits the disclosure of information or a document that is required or authorised by law. (4c) A member of a council must not direct or seek to influence an employee of the council in the exercise or performance of a power or function delegated to or performed by the employee. (4d) Without limiting subsection (4c), a member of a council must— (a) ensure that a request for information or a document from a person engaged in the administration of the council is made in accordance with the requirements of the chief executive officer of the council; and (b) ensure that a request for the performance of work or the taking of action by an employee of the council is made in accordance with the requirements of the chief executive officer of the council. (4e) A member of a council must comply with any requirements prescribed by the regulations relating to the conduct of members that are expressed to be integrity provisions. (7) Subject to the regulations, the provisions of this section extend— (a) to committees and to members of committees established by councils as if— (i) a committee were a council; and (ii) a member of a committee were a member of a council; and (b) to subsidiaries and to board members of subsidiaries as if— (i) a subsidiary were a council; and (ii) a board member of a subsidiary were a member of a council. 64—Interpretation Register means a Register of Interests kept for the purposes of this Subdivision. 65—Lodging of primary returns Each person who is elected as a member of a council (other than a person who was a member of that council immediately before the conclusion of that election) or is appointed as a member of a council must, within six weeks after election or appointment, submit to the chief executive officer a primary return in accordance with Schedule 3. 66—Lodging of ordinary returns Each member of a council must, on or within 60 days after 30 June in each year, submit to the chief executive officer an ordinary return in accordance with Schedule 3. 67—Form and content of returns (1) A member of a council who has submitted a return under this Subdivision must notify the chief executive officer of a change or variation in the information appearing on the Register in respect of the member or a designated person or entity in relation to the member (within the meaning of Schedule 3) within 1 month of the change or variation. (2) It is not a breach of subsection (1) if a member proves that the member did not know, and could not reasonably be expected to have known, of the relevant change or variation. 68—Register of Interests (1) The chief executive officer must maintain a Register of Interests and must cause to be entered in the Register all information furnished pursuant to this Subdivision and Schedule 3. (1a) If a member of a council fails to submit a return to the chief executive officer before the expiration of 1 month from the end of the period allowed under this Subdivision for the submission of the return, the member is suspended from the office of member of the council. (1b) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (1a) is not entitled to an allowance or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act or the City of Adelaide Act 1998, during the period of suspension. (2) If a member of a council fails to submit a return to the chief executive officer within the time allowed under this Subdivision, the chief executive officer must as soon as practicable notify the member of that fact and include specific information about the consequences for the member if a return is not submitted in accordance with the requirements of this Subdivision. (3) A notification under subsection (2) must be given by letter sent to the member by registered mail. (3a) If a member of a council suspended under subsection (1a) for a failure to submit a return submits (after the commencement of the suspension) to the chief executive officer of the council the return that was required to be submitted— (a) the chief executive officer must immediately publish a notice on a website determined by the chief executive officer specifying the date on which the member submitted the return; and (b) the suspension is taken to be revoked on the date of publication of the notice. (3b) If a member of a council is suspended under subsection (1a) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member of the council from the office of member under this Act. (3c) If a member is disqualified under subsection (3b), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council. (3d) Despite section 72, subsections (1a) and (3a) to (3c) do not apply to a member of a council subsidiary or regional subsidiary. (4) Despite this Subdivision and Schedule 3, if the chief executive officer is satisfied that— (a) the inclusion in the Register of the address of a person would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the Register; or (b) a person's address is suppressed from the roll under the Electoral Act 1985, the chief executive officer must suppress the person's residential address from the Register. 69—Provision of false information A member of a council who submits a return under this Subdivision and Schedule 3 that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence. 70—Publication of Register (a1) The chief executive officer must publish the Register on a website determined by the chief executive officer. (a2) However, the chief executive officer must ensure that the following details are not published under subsection (a1): (a) a person's residential address; (b) any other address suppressed from the Register under section 68(4)(a). 71—Restrictions on publication (1) A person must not— (a) publish information derived from a Register unless the information constitutes a fair and accurate summary of the information contained in the Register and is published in the public interest; or (b) comment on the facts set forth in a Register unless the comment is fair and published in the public interest and without malice. (2) If information or comment is published by a person in contravention of subsection (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence. 72—Application of Subdivision to members of committees and subsidiaries (1) The provisions of this Subdivision extend to members of a council committee if the council so resolves. (2) The charter of a subsidiary may provide that the provisions of this Subdivision extend to board members of a subsidiary established by a council or councils as if— (a) the subsidiary were a council; and (b) a board member of the subsidiary were a member of a council. (3) If the provisions of this Subdivision apply in relation to a regional subsidiary— (a) a board member must submit a primary return, and ordinary returns, to the chief executive officer of each constituent council; and (b) the subsidiary must, in consultation with the chief executive officers of the constituent councils, ensure that a Register of Interests relating to its board members (made up of the information required to be included in returns under this Subdivision) is maintained at the principal office of the subsidiary, or at a council office nominated by the subsidiary, and is available for public inspection during ordinary office hours. (4) A person is entitled, on payment of a fee fixed by the subsidiary's constituent councils, to a copy of the Register maintained under subsection (3). (5) A member of a council who has submitted the appropriate returns under a preceding provision of this Subdivision is not required to submit additional returns under this section.