South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 62

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.

Subdivision 2—Register of Interests



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