Title: Health Care (Governance) Amendment Bill 2018
Author: Office of Parliamentary Counsel
Last saved by: Shirley Armstrong
Category: parliamentary.copy
Document comments: lc15A

Legislative Council—No 15A
As reported with amendments, report adopted, Standing Orders suspended and passed remaining stages, 5 July 2018

Health Care (Governance) Amendment Bill 2018
Contents

Health Care (Governance) Amendment Bill 2018

Health Care (Governance) Amendment Bill 2018
Part 1—Preliminary

Health Care (Governance) Amendment Bill 2018
Preliminary—Part 1

Health Care (Governance) Amendment Bill 2018
Part 2—Amendment of Health Care Act 2008

Health Care (Governance) Amendment Bill 2018
Amendment of Health Care Act 2008—Part 2

South Australia
Health Care (Governance) Amendment Bill 2018
A Bill For
An Act to amend the Health Care Act 2008.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Health Care Act 2008
4	Amendment of section 3—Interpretation
5	Amendment of section 4—Objects of Act
6	Amendment of section 5—Principles
7	Amendment of section 7—Chief Executive
8	Amendment of section 11—Functions of HPC
9	Amendment of section 18—Functions
10	Amendment of section 30—Hospital to serve the community
11	Substitution of section 33
33	Governance and management arrangements
33A	Engagement strategies
33B	Composition of governing boards for incorporated hospitals
33C	Members of governing boards for incorporated hospitals to act in public interest
33D	Members of governing boards for incorporated hospitals to disclose interests
33E	Chief executive officer for incorporated hospital
33F	Provisions relating to members, procedures, committees and subcommittees etc
12	Insertion of Part 5 Division 10
Division 10—Inspectors
48A	Inspectors
13	Amendment of section 93—Confidentiality
14	Insertion of section 102
102	Review of amendments to Act by Health Care (Governance) Amendment Act 2018
15	Substitution of Schedule 3
Schedule 3—Governing boards for incorporated hospitals
1	Chairperson and Deputy Chairperson
2	Term of office
3	Remuneration
4	Removal from office
5	Vacancy in office of member
6	Validity of acts
7	Conflict of interest under Public Sector (Honesty and Accountability) Act 1995
8	Public meetings
9	Procedures
10	Committees and subcommittees
11	Appointment of advisers
12	Functions of advisers
13	Dismissal of governing board
14	Administrators
15	Use of facilities etc
Schedule 3A—Disclosure of interests
1	Interpretation
2	Lodging of returns
3	Contents of returns
4	Register
5	Restrictions on publication
6	Failure to comply

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Health Care (Governance) Amendment Act 2018.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Health Care Act 2008
4—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of Department—delete the definition and substitute:
Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
	(2)	Section 3(1)—after the definition of employing authority insert:
governing board—see section 33;
5—Amendment of section 4—Objects of Act
Section 4—after paragraph (c) insert:
		and
	(d)	to facilitate the efficient and effective governance and oversight of incorporated hospitals through the establishment of governing boards.
6—Amendment of section 5—Principles
Section 5(f)—after subparagraph (vii) insert:
		and
	(viii)	that achieves an effective balance between local decision-making in relation to incorporated hospitals and health system planning, integration and management;
7—Amendment of section 7—Chief Executive
	(1)	Section 7(1)(b)—delete ", to assume direct responsibility for the administration of incorporated hospitals"
	(2)	Section 7(1)—after paragraph (d) insert:
	(da)	to contribute to and implement statewide service plans that apply to incorporated hospitals;
8—Amendment of section 11—Functions of HPC
	(1)	Section 11(2)—after paragraph (a) insert:
	(ab)	governing boards of incorporated hospitals; and
	(2)	Section 11(6)—after "the Department," insert:
the governing board for an incorporated hospital,
9—Amendment of section 18—Functions
Section 18(1)—after paragraph (h) insert:
	(ha)	to provide advice to the governing board for an incorporated hospital about any matter referred to it by the board;
10—Amendment of section 30—Hospital to serve the community
Section 30—delete "or the Chief Executive" and substitute:
, the Chief Executive or the governing board for the hospital
11—Substitution of section 33
Section 33—delete the section and substitute:
33—Governance and management arrangements
	(1)	Each incorporated hospital is to be governed by a board (a governing board).
	(2)	The functions of a governing board for an incorporated hospital include the following:
	(a)	to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the incorporated hospital and to approve those frameworks;
	(b)	to ensure—
	(i)	the operations of the incorporated hospital are carried out efficiently, effectively and economically; and
	(ii)	the incorporated hospital manages its budget so that performance targets are met; and
	(iii)	that hospital resources are applied equitably to meet the needs of the community served by the incorporated hospital;
	(c)	to ensure strategic plans to guide the delivery of services are developed for the incorporated hospital and to approve those plans;
	(d)	to provide strategic oversight of and monitor the incorporated hospital's financial and operational performance;
	(e)	to prepare and keep under review strategies—
	(i)	for the provision of health services by the incorporated hospital; and
	(ii)	to promote consultation with health professionals working in the incorporated hospital; and
	(iii)	to promote consultation with health consumers and community members about the provision of health services by the incorporated hospital; 
	(f)	to advise providers and consumers of health services, and other members of the community served by the incorporated hospital, as to the hospital's policies, plans and initiatives for the provision of health services;
	(g)	to manage performance against the performance measures in the service agreement between the incorporated hospital and the Chief Executive;
	(h)	to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services;
	(i)	to endorse the incorporated hospital's annual report;
	(j)	to liaise with the boards of other incorporated hospitals and the Chief Executive in relation to both local and statewide initiatives for the provision of health services.
	(3)	A governing board is also to carry out other functions assigned to the board by or under this or any other Act, or by the Minister.
	(4)	The governing board for an incorporated hospital—
	(a)	must comply with any directions of the Minister and any directions of the Chief Executive; and
	(b)	must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions; and
	(c)	must not exercise a function in a way that is inconsistent with the exercise of a function by the Chief Executive (including a function that has been delegated to the Chief Executive).
	(5)	An act done or decision made by the governing board for an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33A—Engagement strategies
	(1)	The governing board for an incorporated hospital must develop and publish the following strategies:
	(a)	a strategy to promote consultation with health professionals working in the incorporated hospital (a clinician engagement strategy);
	(b)	a strategy to promote consultation with health consumers and members of the community about the provision of health services by the incorporated hospital (a consumer and community engagement strategy).
	(2)	The governing board must consult with the following persons in developing the strategies:
	(a)	for the clinician engagement strategy—health professionals working in the incorporated hospital;
	(b)	for the consumer and community engagement strategy—health consumers and members of the community.
	(3)	A strategy developed and published under this section must—
	(a)	satisfy any requirements prescribed by regulation for that strategy; and
	(b)	be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the Internet.
	(4)	The governing board and the incorporated hospital must give effect to the strategies developed and published under this section in performing functions under this Act.
33B—Composition of governing boards for incorporated hospitals
	(1)	A governing board for an incorporated hospital consists of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively.
	(2)	As far as is practicable, the membership of a governing board for an incorporated hospital must comprise persons who between them have knowledge of, and experience and expertise in, the following fields:
	(a)	health management;
	(b)	clinical governance;
	(c)	commercial management;
	(d)	financial management;
	(e)	the practice of the law;
	(f)	the provision of health services;
	(g)	other knowledge, experience and expertise that, in the opinion of the Minister, will enable the effective performance of the board's functions.
	(3)	At least 2 members of a governing board must be health professionals.
	(4)	At least 1 member of a governing board must be a person who has expertise, knowledge or experience in relation to Aboriginal health.
	(5)	A person is not eligible for appointment to the governing board for an incorporated hospital if—
	(a)	the person is employed to work at the incorporated hospital; or
	(b)	the person provides a service to the incorporated hospital; or
	(c)	the person is an employee of the Department.
	(6)	A governing board must, as far as practicable, be comprised of equal numbers of women and men.
	(7)	On the office of a member of a governing board becoming vacant, a person may be appointed in accordance with this Act to the vacant office.
	(8)	The Minister may appoint a suitable person to be the deputy of a member of a governing board during any period of absence of the member (and any reference to a member in this Act will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).
	(9)	In this section—
health professional means—
	(a)	an individual who holds, or has previously held, general registration in a health profession under the Health Practitioner Regulation National Law (South Australia); or
	(b)	an individual who practises, or has previously practised, a profession providing health services involving the provision of care or treatment to other persons (directly or indirectly).
33C—Members of governing boards for incorporated hospitals to act in public interest
A member of a governing board for an incorporated hospital is to act impartially and in the public interest in performing the member's duties.
33D—Members of governing boards for incorporated hospitals to disclose interests
A member of a governing board must disclose their interests in accordance with Schedule 3A.
33E—Chief executive officer for incorporated hospital
	(1)	The governing board for an incorporated hospital may, after consultation with the Chief Executive, appoint—
	(a)	a specified person; or
	(b)	a person occupying a specified office or position,
as the chief executive officer of the incorporated hospital.
	(2)	An appointment under subsection (1)—
	(a)	takes effect following confirmation of the appointment by the Chief Executive; and
	(b)	is revocable by the governing board at any time, subject to the confirmation of the Chief Executive.
	(3)	The chief executive officer of an incorporated hospital is responsible for managing the operations and affairs of the hospital and is accountable to, and subject to the direction of, the governing board for the hospital in undertaking that function (although the governing board cannot give a direction concerning the medical treatment of a particular person).
	(4)	An act done or decision made by the chief executive officer of an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33F—Provisions relating to members, procedures, committees and subcommittees etc
Schedule 3 applies in respect of governing boards for incorporated hospitals.
12—Insertion of Part 5 Division 10
Part 5—after Division 9 insert:
Division 10—Inspectors
48A—Inspectors
	(1)	The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated hospitals.
	(2)	An inspector holds office on the conditions stated in the instrument of appointment.
	(3)	An inspector appointed under subsection (1) may, at any reasonable time, enter the premises of an incorporated hospital (including the premises of the governing board for an incorporated hospital) and, while on the premises, may—
	(a)	inspect the premises or any equipment or other thing on the premises; and
	(b)	require any person to answer any questions, orally or in writing; and
	(c)	require any person to produce any documents or records; and
	(d)	examine any documents or records and take extracts from, or make copies of, any of them; and
	(e)	seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act.
	(4)	An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument.
	(5)	An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose.
	(6)	A person must not refuse or fail to comply with a requirement made pursuant to this section.
Maximum penalty: $10 000.
	(7)	A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section.
Maximum penalty: $10 000.
13—Amendment of section 93—Confidentiality
Section 93(1)—after paragraph (a) insert:
	(ab)	a member of the governing board for an incorporated hospital; or
14—Insertion of section 102
After section 101 insert:
102—Review of amendments to Act by Health Care (Governance) Amendment Act 2018
	(1)	The Minister must cause an independent review of the operation and effect of the amendments made to this Act by the Health Care (Governance) Amendment Act 2018 to be undertaken within a reasonable time after the third anniversary of the commencement of section 11 of the Health Care (Governance) Amendment Act 2018.
	(2)	A review under this section must—
	(a)	be conducted by a person with expertise in health care administration or service delivery; and
	(b)	include information about the operation and effect of the amendments in relation to—
	(i)	the quality and safety of health care in this State; and
	(ii)	the costs of providing health services at incorporated hospitals; and
	(iii)	the coordination of health services provided by incorporated hospitals.
	(3)	The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
15—Substitution of Schedule 3
Schedule 3—delete the Schedule and substitute:
Schedule 3—Governing boards for incorporated hospitals
1—Chairperson and Deputy Chairperson
	(1)	The Minister is to appoint 2 of the members of a governing board (by their respective instruments of appointment or by other instruments executed by the Minister) as Chairperson and Deputy Chairperson of the board, respectively.
	(2)	The Minister may remove a member from the office of Chairperson or Deputy Chairperson of a governing board at any time.
	(3)	A person holding office as Chairperson or Deputy Chairperson of a governing board vacates that office if the person—
	(a)	is removed from that office by the Minister; or
	(b)	resigns by written notice to the Minister; or
	(c)	ceases to be a member of the board.
2—Term of office
	(1)	Subject to this Act, a member of a governing board holds office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment and is eligible for reappointment at the expiration of a term of office.
	(2)	A member of a governing board may not hold office for more than 9 consecutive years.
	(3)	A member of a governing board whose term of office expires (other than by the resignation of the member or removal by the Minister) without a person having been appointed to fill the vacancy continues in office until whichever of the following occurs first:
	(a)	a person is appointed to fill the vacancy;
	(b)	a period of 3 months elapses after the expiry of the term of office.
3—Remuneration
	(1)	A member of a governing board is entitled to remuneration, allowances and expenses determined by the Minister.
	(2)	The Minister must cause the remuneration, allowances and expenses determined under this clause to be published on a website determined by the Minister that is accessible by the public at no charge.
	(3)	The Chairperson of a governing board must ensure that travel or entertainment expenses incurred by the board in respect of the performance by a member of the member's functions and duties are disclosed on a website accessible to the public at no charge not more than 60 days after the day on which they are incurred. 
4—Removal from office
The Minister may remove a member of a governing board from office—
	(a)	for breach of, or non-compliance with, a condition of appointment; or
	(b)	for misconduct; or
	(c)	for failure or incapacity to carry out official duties satisfactorily.
5—Vacancy in office of member
	(1)	The office of a member of a governing board becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Minister; or
	(d)	becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or
	(e)	is convicted in South Australia of an offence that is punishable by imprisonment for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable; or
	(f)	is removed from office under clause 4.
	(2)	If the office of a member of a governing board becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
6—Validity of acts
An act or proceeding of a governing board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
7—Conflict of interest under Public Sector (Honesty and Accountability) Act 1995
A member of a governing board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with health practitioners generally or those engaged in or associated with the provision of health services generally, or a substantial section of health practitioners or those engaged in or associated with the provision of health services.
8—Public meetings
	(1)	A governing board must hold a meeting between 1 October and 31 December in each year at which—
	(a)	the annual report of the incorporated hospital for the previous financial year is presented to members of the public; and
	(b)	any member of the public in attendance at the meeting is entitled to address the meeting.
	(2)	The holding of the meeting under subsection (1) is to be advertised in at least 1 newspaper circulating generally in the area of the incorporated public hospital and by such other means (including on a website accessible by the public at no charge) as the governing board determines.
9—Procedures
	(1)	A quorum of a governing board consists of a majority of its members for the time being.
	(2)	The agenda for a meeting of a governing board must, at least 7 days before the meeting is to be held, be published on a website accessible by the public at no charge.
	(3)	The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both, another member elected to chair the meeting by the members present, is to preside at a meeting of a governing board.
	(4)	A decision carried by a majority of the votes cast by the members present at a meeting of a governing board is a decision of the board.
	(5)	A conference by telephone or other electronic means between the members of a governing board will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present if—
	(a)	notice of the conference is given to all members in the manner determined by the board for the purpose; and
	(b)	each participating member is capable of communicating with every other participating member during the conference.
	(6)	A proposed resolution of a governing board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—
	(a)	notice of the proposed resolution is given to all members in accordance with procedures determined by the board; and
	(b)	a majority of the members express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution.
	(7)	A governing board must have accurate minutes kept of its meetings and must, within 7 days of a meeting, publish the approved minutes of the meeting on a website accessible by the public at no charge.
	(8)	Subject to this Act and the regulations, a governing board may determine its own procedures.
10—Committees and subcommittees
	(1)	A governing board may establish committees or subcommittees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions.
	(2)	A committee or subcommittee established under subclause (1) may, but need not, consist of, or include, members of the governing board.
	(3)	The procedures to be observed in relation to the conduct of business of a committee or a subcommittee established by a governing board will be—
	(a)	as prescribed by regulation; or
	(b)	insofar as the procedure is not prescribed by regulation—as determined by the board; or
	(c)	insofar as the procedure is not prescribed by regulation or determined by the board—as determined by the relevant committee or subcommittee.
	(4)	A member of a committee or subcommittee established under this section is entitled to remuneration, allowances and expenses determined by the governing board with the approval of the Minister.
11—Appointment of advisers
	(1)	The Minister may appoint a person to be an adviser to a governing board if the Minister considers that the adviser may assist the board to improve the performance of—
	(a)	the board; or
	(b)	the incorporated hospital governed by the board.
	(2)	The Minister must not appoint more than 2 persons to be advisers to a governing board at the same time.
	(3)	In deciding whether to appoint an adviser to a governing board, the Minister may have regard to the performance of the board or the incorporated hospital governed by the board in relation to the following:
	(a)	the safety and quality of health services being provided by the incorporated hospital;
	(b)	the compliance of the board with this Act and any service agreement applying to the board;
	(c)	the financial management of the incorporated hospital.
	(4)	An adviser holds office for the period (not exceeding 1 year) specified in the adviser's instrument of appointment.
	(5)	An adviser to a governing board is entitled to remuneration, allowances and expenses determined by the Minister.
12—Functions of advisers
	(1)	An adviser is to provide advice to, and otherwise assist, a governing board in the performance of its functions and, for that purpose, is entitled—
	(a)	to receive notice of any meeting of the board; and
	(b)	to have access to papers provided to members of the board for the purposes of any meetings; and
	(c)	to attend, and participate in, any meeting of the board (but has no entitlement to vote and must not be present at the time that a vote is taken).
	(2)	An adviser must, as required by the Minister, provide reports to the Minister and the Chief Executive on any matter relating to the operation of the governing board and the incorporated hospital under the management, administration and control of the board.
13—Dismissal of governing board
	(1)	The Minister may, at any time, dismiss all the members of a governing board if satisfied that—
	(a)	the board has failed to perform its functions effectively; or
	(b)	the board has failed to comply with a provision of this Act; or
	(c)	the board has failed to comply with a direction of the Minister or the Chief Executive.
	(2)	If the Minister dismisses all the members of a governing board under subclause (1), the office of each member of the board becomes vacant.
	(3)	The Minister must, within 12 sitting days after the dismissal of a governing board under this section, cause notice of the dismissal to be laid before both Houses of Parliament.
14—Administrators
	(1)	If the members of a governing board are dismissed under clause 13 or for some other reason there are no members of a governing board at any time, the Minister may appoint the Chief Executive or other qualified person to administer and perform the functions of the board subject to any conditions specified in the instrument of appointment.
	(2)	An act done or decision made by an administrator in administering and performing the functions of a governing board is an act or decision of the board.
	(3)	An administrator is entitled to remuneration, allowances and expenses determined by the Minister.
	(4)	The Minister may revoke the appointment of an administrator for any reason before the term of appointment expires, either to appoint a different person as administrator or to appoint new members of a governing board.
	(5)	In this section—
qualified person means a person the Minister considers has the necessary qualifications and experience to perform the functions of a governing board.
15—Use of facilities etc
A governing board may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality.
Schedule 3A—Disclosure of interests
1—Interpretation
	(1)	In this Schedule, unless the contrary intention appears—
beneficial interest in property includes a right to re‑acquire the property;
domestic 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;
family, in relation to a Member, means—
	(a)	a spouse or domestic partner of the Member; and
	(b)	a child of the Member who is under the age of 18 years and normally resides with the Member;
family company of a Member means a proprietary company—
	(a)	in which the Member or a member of the Member's family is a shareholder; and
	(b)	in respect of which the Member or a member of the Member's family, or any such persons together, are in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the company;
family trust of a Member means a trust (other than a testamentary trust)—
	(a)	of which the Member or a member of the Member's family is a beneficiary; and
	(b)	which is established or administered wholly or substantially in the interests of the Member or a member of the Member's family, or any such persons together;
financial benefit, in relation to a person, means—
	(a)	any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and
	(b)	the total of all remuneration, fees or other pecuniary sums received by the person in respect of a trade, profession, business or vocation engaged in by the person where that total exceeds $1 000,
but does not include a financial benefit received by the person as a Member;
gift means a transaction in which a benefit of pecuniary value is conferred without consideration or for less than adequate consideration, but does not include an ordinary commercial transaction or a transaction in the ordinary course of business;
income source, in relation to a person, means—
	(a)	any person or body of persons with whom the person entered into a contract of service or held any paid office; and
	(b)	any trade, vocation, business or profession engaged in by the person;
initial return—see clause 2(1);
Member means a member of a governing board;
ordinary return—see clause 2(2);
a person related to a Member means—
	(a)	a member of the Member's family;
	(b)	a family company of the Member;
	(c)	a trustee of a family trust of the Member;
register—see clause 4(1);
return period, in relation to an ordinary return of a Member, means the financial year or part of a financial year to which the return relates (see clause 2(2));
spouse—a person is the spouse of another if they are legally married;
trade or professional organisation means a body, corporate or unincorporate, of—
	(a)	employers or employees; or
	(b)	persons engaged in a profession, trade or other occupation,
being a body of which the object, or 1 of the objects, is the furtherance of its own professional, industrial or economic interests or those of any of its members.
	(2)	For the purposes of this Schedule—
	(a)	a person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust; and
	(b)	a person is an investor in a body if—
	(i)	the 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
	(ii)	the 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; and
	(c)	in relation to a return by a Member—
	(i)	2 or more separate contributions made by the same person for or towards the cost of travel undertaken by the Member or a member of the Member's family during the return period are to be treated as 1 contribution for or towards the cost of travel undertaken by the Member; and
	(ii)	2 or more separate gifts received by the Member or a person related to the Member from the same person during the return period are to be treated as 1 gift received by the Member; and
	(iii)	2 or more separate transactions to which the Member or a person related to the Member is a party with the same person during the return period under which the Member or a person related to the Member has had the use of property of the other person (whether or not being the same property) during the return period are to be treated as 1 transaction under which the Member has had the use of property of the other person during the return period.
2—Lodging of returns
	(1)	Each person appointed to be a Member must, no later than 30 days after the appointment, submit to the Minister a return (an initial return).
	(2)	Each Member must, no later than 31 August each year, submit to the Minister a return (an ordinary return) relating to the previous financial year or, if the member only held office for part of that financial year, the period for which they held office.
3—Contents of returns
	(1)	For the purposes of this Schedule, an initial return must contain the following information:
	(a)	a statement of any income source that the Member required to submit the return or a person related to the Member has or expects to have in the period from the day of the Member's appointment and ending on the next 30 June after that appointment;
	(b)	the name of any company or other body, corporate or unincorporate, in which the Member or a member of the Member's family holds office whether as director or otherwise;
	(c)	the information required by subclause (3).
	(2)	For the purposes of this Schedule, an ordinary return must contain the following information:
	(a)	if the Member required to submit the return or a person related to the Member received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit;
	(b)	if the Member or a member of the Member's family held office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period—the name of the company or other body;
	(c)	the source of any contribution made in cash or in kind of or above the amount or value of $750 (other than any contribution by the State or any public statutory corporation constituted under the law of the State, by an employer or by a person related by blood or marriage) for or towards the cost of any travel beyond the limits of South Australia undertaken by the Member or a member of the Member's family during the return period, and for the purposes of this paragraph cost of travel includes accommodation costs and other costs and expenses associated with the travel;
	(d)	particulars (including the name of the donor) of any gift of or above the amount or value of $750 received by the Member or a person related to the Member during the return period from a person other than a person related by blood or marriage to the Member or to a member of the Member's family;
	(e)	where the Member or a person related to the Member has been a party to a transaction under which the Member or person related to the Member has had the use of property of the other person during the return period and—
	(i)	the use of the property was not acquired for adequate consideration or through an ordinary commercial transaction or in the ordinary course of business; and
	(ii)	the market price for acquiring a right to such use of the property would be $750 or more; and
	(iii)	the person granting the use of the property was not related by blood or marriage to the Member or to a member of the Member's family,
the name and address of that person;
	(f)	particulars of any contract made during the return period between the Member or a person related to the Member and the Crown in right of the State where any monetary consideration payable by a party to the contract equals or exceeds $7 500;
	(g)	the information required by subclause (3).
	(3)	For the purposes of this Schedule, a return (whether initial or ordinary) must contain the following information:
	(a)	the name or description of any company, partnership, association or other body in which the Member required to submit the return or a person related to the Member is an investor;
	(b)	the name of any political party, body or association formed for political purposes, or trade or professional organisation, of which the Member is a member;
	(c)	a concise description of any trust (other than a testamentary trust) of which the Member or a person related to the Member is a beneficiary or trustee (including the name and address of each trustee);
	(d)	the address or description of any land in which the Member or a person related to the Member has a beneficial interest other than by way of security for a debt;
	(e)	any fund in which the Member or a person related to the Member has an actual or prospective interest to which contributions are made by a person other than the Member or a person related to the Member;
	(f)	if the Member or a person related to the Member is indebted to another person (not being related by blood or marriage to the Member or to a member of the Member's family) in an amount of or exceeding $7 500—the name and address of that other person;
	(g)	if the Member or a person related to the Member is owed money by an individual (not being related to the Member or a member of the Member's family by blood or otherwise) in an amount of or exceeding $10 000—the name and address of that person;
	(h)	any other substantial interest whether of a pecuniary nature or not of the Member or a person related to the Member of which the Member is aware and which the Member considers might appear to raise a material conflict between the Member's private interest and the public duty that the Member has or may subsequently have as a Member.
	(4)	A Member is required by this clause only to disclose information that is known to the Member or ascertainable by the Member by the exercise of reasonable diligence.
	(5)	Nothing in this clause requires a Member to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the Member.
	(6)	It will be sufficient compliance with subclause (2)(f) if a Member's return contains particulars of a class of contracts referred to in that paragraph (rather than particulars of the individual contracts comprised in the class) provided that each contract of the class is an ordinary commercial or arm's length contract.
	(7)	A Member may at any time notify the Minister of any change or variation in the information appearing on the register in respect of the Member or a member of the Member's family.
	(8)	A Member may include in a return such additional information as the Member thinks fit.
	(9)	Nothing in this clause may be taken to prevent a Member from disclosing the information required by this clause in such a way that no distinction is made between information relating to the Member personally and information relating to a person related to the Member.
	(10)	Nothing in this clause may be taken to require disclosure of the actual amount or extent of any financial benefit, gift, contribution or interest.
4—Register
	(1)	The Minister must maintain a register of interests (the register) and cause to be entered in the register all information provided under this Schedule.
	(2)	A person is entitled to inspect (without charge) the register at the place where it is kept during ordinary office hours.
	(3)	A person is entitled, on payment of a fee determined by the Minister, to a copy of the register.
	(4)	The Minister must, as soon as practicable after the receipt of initial or ordinary returns from Members, prepare a statement constituting a compilation of the information contained in the register relating to those Members.
	(5)	The Minister must cause a copy of a statement prepared by the Minister under subclause (4) to be laid before both Houses of Parliament within 14 days of its preparation if Parliament is then sitting, or, if Parliament is not then sitting, within 14 days of the next meeting of Parliament.
5—Restrictions on publication
	(1)	A person must not—
	(a)	publish information derived from the 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 the 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 subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.
Maximum penalty: $10 000.
6—Failure to comply
Any person who wilfully contravenes, or fails to comply with, any of the provisions of this Schedule (other than clause 5) is guilty of an offence.
Maximum penalty: $5 000.

LC GP 172-C OPC 67