Planning Development and Infrastructure Act 2016
Sch 3Codes of conduct and professional standards
Start here
Get a plain-English read of Sch 3
Turn the raw legal text into a practical explanation grounded in Planning Development and Infrastructure Act 2016.
Schedule 3—Codes of conduct and professional standards 1—Codes of conduct (1) The Minister may adopt— (a) a code of conduct to be observed by members of the Commission, a committee established by the Commission under section 29 and a subsidiary established by the Commission under section 30; and (b) a code of conduct to be observed by members of a joint planning board, a committee established by a joint planning board under section 38 and a subsidiary established by a joint planning board under section 39; and (c) a code of conduct to be observed by members of an assessment panel (including a Commission assessment panel established under section 29); and (d) a code of conduct to be observed by accredited professionals; and (e) a code of conduct to be observed by scheme coordinators, or members of committees appointed as scheme coordinators, under Part 13 Division 1; and (f) a code of conduct to be observed by officers of relevant authorities or other agencies who are acting under delegations, or in the performance of statutory functions, under this Act. (2) The Minister may vary a code of conduct, or adopt a new code of conduct in substitution for an existing code of conduct, in operation under this Schedule. (3) Before the Minister adopts or varies a code of conduct under this Schedule, the Minister must take reasonable steps to consult with— (a) the ERD Committee; and (b) the LGA. 2—Publication of code If the Minister adopts or varies a code of conduct under this Schedule, the Minster must— (a) publish a notice of the adoption or variation in the Gazette; and (b) ensure that a copy of the code (as adopted or varied) is published on the SA planning portal. 3—Professional standards and investigations (1) The regulations may provide for matters relating to— (a) compliance with a code of conduct; and (b) without limiting paragraph (a)—the conduct of accredited professionals, including, for example— (c) monitoring and auditing the activities undertaken by a person who performs a function under this Act; and (d) receiving or acting on complaints; and (e) the conduct of investigations, including— (i) by providing for the appointment of an investigator or investigators; and (ii) by requiring that a person provide information or materials, or answer questions; and (f) the provision of reports and recommendations; and (g) the taking of disciplinary or other action against a person who— (i) has contravened, or failed to comply with, a code of practice; or (ii) in the case of an accredited professional—has acted in an unprofessional or inappropriate manner, or failed to professionally discharge a responsibility under this Act. (2) In connection with subclause (1), the regulations may— (a) confer functions, powers and duties on the Commissioner for Consumer Affairs, or on any other prescribed person or body; and (b) vest jurisdiction in the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013. (3) The scheme established by subclauses (1) and (2) may— (a) interact with the accreditation scheme established under Part 6 Division 4; and (b) in vesting jurisdiction in the South Australian Civil and Administrative Tribunal, also vest jurisdiction in the tribunal for the purposes of the scheme referred to in paragraph (a). 4—Non‑derogation Nothing in this Schedule limits, or derogates from, the operation of Schedule 4.