South Australia
Public Sector Management (Consequential) Amendment Act 2009
An Act to amend the Public Sector Management Act 1995.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Public Sector Management Act 1995
4	Amendment of long title
5	Amendment of section 1—Short title
6	Amendment of section 3—Interpretation
7	Amendment of heading to Part 2
8	Repeal of Divisions 1 and 2
9	Redesignation of Part 2 Division 3
10	Redesignation of section 6C—Application of Division
11	Redesignation of section 6D—Duty of corporate agency members to exercise care and diligence
12	Redesignation of section 6E—Duty of corporate agency members to act honestly
13	Redesignation of section 6F—Duty of corporate agency members not to be involved in unauthorised transactions with agency or subsidiary
14	Redesignation of section 6G—Duty of corporate agency members not to have unauthorised interest in agency or subsidiary
15	Amendment and redesignation of section 6H—Duty of corporate agency members with respect to conflict of interest
16	Redesignation of section 6I—Removal of corporate agency members
17	Redesignation of section 6J—Civil liability for contravention of Division
18	Redesignation of Part 2 Division 4
19	Redesignation of section 6K—Duty of advisory body members to act honestly
20	Redesignation of section 6L—Duty of advisory body members with respect to conflict of interest
21	Redesignation of section 6M—Removal of advisory body members
22	Redesignation of section 6N—Civil liability for contravention of Division
23	Redesignation of Part 2 Division 5
24	Redesignation of section 6O—Application of Division
25	Redesignation of section 6P—Duty of senior official to act honestly
26	Redesignation of section 6Q—Duty of senior officials with respect to conflict of interest
27	Redesignation of section 6R—Civil liability for contravention of Division
28	Redesignation of Part 2 Division 6
29	Amendment and redesignation of section 6S—Application of Division
30	Redesignation of section 6T—Duty of corporate agency executives to act honestly
31	Redesignation of section 6U—Duty of corporate agency executives not to be involved in unauthorised transactions with agency or subsidiary
32	Redesignation of section 6V—Duty of corporate agency executives not to have unauthorised interest in agency or subsidiary
33	Redesignation of section 6W—Duty of corporate agency executives with respect to conflict of interest
34	Redesignation of section 6X—Civil liability for contravention of Division
35	Amendment of Part 2 Division 7 heading
36	Amendment and redesignation of section 6Y—Application of Division
37	Redesignation of section 6Z—Duty of employees to act honestly
38	Redesignation of section 6ZA—Duty of employees with respect to conflict of interest
39	Redesignation of section 6ZB—Civil liability for contravention of Division
40	Redesignation of Part 2 Division 8
41	Redesignation of section 6ZC—Duty of persons performing contract work to act honestly
42	Redesignation of section 6ZD—Duty of persons performing contract work with respect to conflict of interest
43	Redesignation of section 6ZE—Civil liability for contravention of Division
44	Redesignation of Part 2 Division 9
45	Amendment and redesignation of section 6ZF—Exemptions
46	Repeal of Parts 3, 4, 5, 6, 7, 8 and 9
Part 3—Miscellaneous
33	Proceedings for offences
34	Regulations
47	Repeal of Schedules 1, 2, 3 and 4

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Public Sector Management (Consequential) Amendment Act 2009.
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 Public Sector Management Act 1995
4—Amendment of long title
Long title—delete the long title and substitute:
An Act to impose duties of honesty and accountability on public sector office holders, employees and contractors; and for other purposes.
5—Amendment of section 1—Short title
Section 1—delete "Management" and substitute:
(Honesty and Accountability)
6—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of administrative decision and administrative unit—delete the definitions and substitute:
administrative unit has the same meaning as in the Public Sector Act 2009;
	(2)	Section 3(1), definition of casual position, Chief Executive and the Commissioner—delete the definitions
	(3)	Section 3(1), definition of the Disciplinary Appeals Tribunal—delete the definition
	(4)	Section 3(1), definitions of effective service, employee and executive—delete the definitions
	(5)	Section 3(1), definitions of merit, the Minister, the Promotion and Grievance Appeals Tribunal, the public sector, public sector agency, public sector employee and recognised organisation—delete the definitions and substitute:
public sector agency has the same meaning as in the Public Sector Act 2009;
public sector employee has the same meaning as in the Public Sector Act 2009;
	(6)	Section 3(1), definitions of relevant Minister, remuneration, remuneration level and selection processes—delete the definitions and substitute:
relevant Minister, in relation to a person, means the Minister who has or assumes administrative responsibility in relation to the person for the purposes of this Act;
	(7)	Section 3(1), definition of senior official, (a) and (b)—delete paragraphs (a) and (b) and substitute:
	(a)	the Commissioner for Public Sector Employment; or
	(8)	Section 3(1), definition of senior official, (c) and (d)—delete "Chief Executive" wherever occurring and substitute in each case:
chief executive
	(9)	Section 3(1), definitions of temporary position, total remuneration package value and whole‑of‑Government objectives—delete the definitions
	(10)	Section 3(2)—delete subsection (2) and substitute:
	(2)	The Minister may, by notice published in the Gazette—
	(a)	declare that a person for the time being performing specified duties is a senior official; or
	(b)	vary or revoke a notice under this subsection.
	(11)	Section 3—redesignate the section as amended by this section as section 2
7—Amendment of heading to Part 2
Heading to Part 2—delete the heading to Part 2 and substitute:
Part 2—Public sector duties
8—Repeal of Divisions 1 and 2
Divisions 1 and 2—delete the Divisions
9—Redesignation of Part 2 Division 3
Part 2 Division 3—redesignate the Division as Division 1
10—Redesignation of section 6C—Application of Division
Section 6C—redesignate the section as section 3
11—Redesignation of section 6D—Duty of corporate agency members to exercise care and diligence
Section 6D—redesignate the section as section 4
12—Redesignation of section 6E—Duty of corporate agency members to act honestly
Section 6E—redesignate the section as section 5
13—Redesignation of section 6F—Duty of corporate agency members not to be involved in unauthorised transactions with agency or subsidiary
Section 6F—redesignate the section as section 6
14—Redesignation of section 6G—Duty of corporate agency members not to have unauthorised interest in agency or subsidiary
Section 6G—redesignate the section as section 7
15—Amendment and redesignation of section 6H—Duty of corporate agency members with respect to conflict of interest
	(1)	Section 6H—after subsection (9) insert:
	(10)	A corporate agency member who is an employee of the agency or an employee employed or assigned to assist the agency will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member is such an employee.
	(2)	Section 6H—redesignate the section as amended by this section as section 8
16—Redesignation of section 6I—Removal of corporate agency members
Section 6I—redesignate the section as section 9
17—Redesignation of section 6J—Civil liability for contravention of Division
Section 6J—redesignate the section as section 10
18—Redesignation of Part 2 Division 4
Part 2 Division 4—redesignate the Division as Division 2
19—Redesignation of section 6K—Duty of advisory body members to act honestly
Section 6K—redesignate the section as section 11
20—Redesignation of section 6L—Duty of advisory body members with respect to conflict of interest
Section 6L—redesignate the section as section 12
21—Redesignation of section 6M—Removal of advisory body members
Section 6M—redesignate the section as section 13
22—Redesignation of section 6N—Civil liability for contravention of Division
Section 6N—redesignate the section as section 14
23—Redesignation of Part 2 Division 5
Part 2 Division 5—redesignate the Division as Division 3
24—Redesignation of section 6O—Application of Division
Section 6O—redesignate the section as section 15
25—Redesignation of section 6P—Duty of senior official to act honestly
Section 6P—redesignate the section as section 16
26—Redesignation of section 6Q—Duty of senior officials with respect to conflict of interest
Section 6Q—redesignate the section as section 17
27—Redesignation of section 6R—Civil liability for contravention of Division
Section 6R—redesignate the section as section 18
28—Redesignation of Part 2 Division 6
Part 2 Division 6—Redesignate the Division as Division 4
29—Amendment and redesignation of section 6S—Application of Division
	(1)	Section 6S(2)—delete "6T and 6W" and substitute:
20 and 23
	(2)	Section 6S—redesignate the section as amended by this section as section 19
30—Redesignation of section 6T—Duty of corporate agency executives to act honestly
Section 6T—redesignate the section as section 20
31—Redesignation of section 6U—Duty of corporate agency executives not to be involved in unauthorised transactions with agency or subsidiary
Section 6U—redesignate the section as section 21
32—Redesignation of section 6V—Duty of corporate agency executives not to have unauthorised interest in agency or subsidiary
Section 6V—redesignate the section as section 22
33—Redesignation of section 6W—Duty of corporate agency executives with respect to conflict of interest
Section 6W—redesignate the section as section 23
34—Redesignation of section 6X—Civil liability for contravention of Division
Section 6X—redesignate the section as section 24
35—Amendment of Part 2 Division 7 heading
	(1)	Part 2 Division 7 heading—before "employees" insert:
public sector
	(2)	Part 2 Division 7—redesignate the Division as amended by this section as Division 5
36—Amendment and redesignation of section 6Y—Application of Division
	(1)	Section 6Y—delete "an employee if Division 5, Division 6" and substitute:
a public sector employee if Division 3, Division 4
	(2)	Section 6Y—redesignate the section as amended by this section as section 25
37—Redesignation of section 6Z—Duty of employees to act honestly
Section 6Z—redesignate the section as section 26
38—Redesignation of section 6ZA—Duty of employees with respect to conflict of interest
Section 6ZA—redesignate the section as section 27
39—Redesignation of section 6ZB—Civil liability for contravention of Division
Section 6ZB—redesignate the section as section 28
40—Redesignation of Part 2 Division 8
Part 2 Division 8—redesignate the Division as Division 6
41—Redesignation of section 6ZC—Duty of persons performing contract work to act honestly
Section 6ZC—redesignate the section as section 29
42—Redesignation of section 6ZD—Duty of persons performing contract work with respect to conflict of interest
Section 6ZD—redesignate the section as section 30
43—Redesignation of section 6ZE—Civil liability for contravention of Division
Section 6ZE—redesignate the section as section 31
44—Redesignation of Part 2 Division 9
Part 2 Division 9—redesignate the Division as Division 7
45—Amendment and redesignation of section 6ZF—Exemptions
	(1)	Section 6ZF—delete "other than a provision of Division 1 or 2"
	(2)	Section 6ZF—redesignate the section as amended by this section as section 32
46—Repeal of Parts 3, 4, 5, 6, 7, 8 and 9
Parts 3, 4, 5, 6, 7, 8 and 9—delete the Parts and substitute:
Part 3—Miscellaneous
33—Proceedings for offences
	(1)	Proceedings may not be brought for an offence against this Act except with the consent of the Director of Public Prosecutions.
	(2)	Notwithstanding any other Act, proceedings for a summary offence against this Act may be brought within the period of 3 years after the date on which the offence is alleged to have been committed or, with the consent of the Director of Public Prosecutions, at any later time.
	(3)	A document purporting to be a consent of the Director of Public Prosecutions given under this section is, in the absence of proof to the contrary, proof of the consent.
34—Regulations
	(1)	The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
	(2)	A regulation—
	(a)	may be of general or limited application and may vary in operation according to factors stated in the regulation; and
	(b)	may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner for Public Sector Employment or a chief executive of a public sector agency, either generally or in a particular case or class of cases; and
	(c)	may impose a penalty not exceeding a Division 8 fine for contravention of, or non‑compliance with, the regulation.
47—Repeal of Schedules 1, 2, 3 and 4
Schedules 1, 2, 3 and 4—delete the Schedules