South Australian Current Acts South Australian Current Acts (1) For the purposes
of this Part, a public officer acts improperly, or a person acts improperly in
relation to a public officer or public office, if the officer or person
knowingly or recklessly acts contrary to the standards of propriety generally
and reasonably expected by ordinary decent members of the community to be
observed by public officers of the relevant kind, or by others in relation to
public officers or public offices of the relevant kind.
(2) A person will not
be taken to have acted improperly for the purposes of this Part unless the
person's act was such that in the circumstances of the case the imposition of
a criminal sanction is warranted.
(3) Without limiting
the effect of subsection (2), a person will not be taken to have acted
improperly for the purposes of this Part if—
(a) the
person acted in the honest and reasonable belief that he or she was lawfully
entitled to act in the relevant manner; or
(b)
there was lawful authority or a reasonable excuse for the act; or
(c) the
act was of a trivial character and caused no significant detriment to the
public interest.
(4) In this
section—
"act" includes omission or refusal or failure to act;
"public officer" includes a former public officer.