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On Thursday 16 May 2002,
the Premier of South Australia The Hon. Mike
Rann announced the introduction of a comprehensive
new code of conduct for ministers.
The new ministerial code
of conduct recognises that ministers are in
a position of trust, bestowed on them by the
people and parliament of South Australia. It
recognises that ministers are responsible for
decisions that can have a marked impact on individuals
and groups in this state. For these reasons
it emphasises that ministers must accept standards
of conduct of the highest order. The new code
of conduct for ministers is one of the toughest
codes of conduct applying to ministers in this
country. Unlike the previous code of conduct
that existed in this state, the new code prevents
ministers from actively acquiring shareholdings
and other financial interests in companies during
their term of office and prevents ministers
from trading, that is, buying or selling any
shares that were held by them before taking
up office. Ministers can only retain those shares
that do not conflict with their portfolio responsibilities
and, if there is a conflict, they must divest.
The code requires ministers
to disclose to Cabinet Office details of any
private interests of their spouse, domestic
partner, children or business associates that
might conflict with their duty as a minister.
The code requires ministers to disclose to Cabinet
Office the content of family trusts. The code
prevents ministers from acting as consultants
or advisers to companies and organisations during
their term in office, except in their official
capacity as minister. The code places a two
year restriction on the type of employment activities,
consultancies and directorships that ministers
can take up after they have ceased to be a minister.
The code prevents ministers from employing members
of their immediate families or close business
associates to positions in their own offices.
The code sets out specific obligations in relation
to cabinet confidentiality and details procedures
for the disclosure of conflicts of interest
in respect of matters going before cabinet.
In addition, the new
code defines more clearly the type of action
that the Premier or Cabinet may take against
ministers who are in breach of the code, whether
it be a reprimand, requiring an apology or asking
the minister to stand aside or resign. The code
came into effect on 1 July.
Ministerial Code of Conduct
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