Division 5 Duties and liabilities of officers
267 Acting dishonestly to deceive or defraud
An officer of a State organisation must not, with intent to deceive or defraud the organisation or the members of the organisation or for any other fraudulent purpose, act dishonestly in the exercise of any of the powers or the discharge of any of the duties of his or her office.Maximum penalty: 100 penalty units.
268 Use of position for profit
An officer of a State organisation must not make improper use of the officer’s position as such an officer to gain, directly or indirectly, an advantage for the officer or for any other person or to cause detriment, loss or damage to the organisation.Maximum penalty: 100 penalty units.
269 Officer to disclose interest
(1) An officer of a State organisation who:(a) has an interest, whether directly or indirectly, in a contract or proposed contract with the organisation, or(b) has an interest, whether directly or indirectly, in any property, or(c) holds any other office,that may conflict with his or her duties or interests as an officer of the organisation must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest or office at a meeting of the governing body of the organisation.Maximum penalty: 50 penalty units.
(2) The secretary of a State organisation must record every declaration under this section in the minutes of the meeting at which it was made.
270 Compensation to State organisation
(1) If the Commission convicts a person of an offence under this Division, the Commission may, if satisfied that a State organisation has suffered loss or damage as a result of the act or omission that constituted the offence, in addition to imposing a penalty, order the convicted person to pay compensation to the organisation in the amount that the Commission specifies.(2) If an officer of a State organisation contravenes a provision of this Division in relation to an organisation, the organisation may, whether or not the person has been convicted of an offence under this Division in relation to that contravention, recover from the officer as a debt due to the organisation by action in the Commission:(a) if that officer, or any other person made a profit as a result of the contravention or failure—an amount equal to that profit, and(b) if the organisation has suffered loss or damage as a result of the contravention or failure—an amount equal to that loss or damage.(3) In determining the amount of compensation to award under this section, the Commission must have regard to any amount that has been paid to the organisation or that the organisation is entitled to be paid by way of damages awarded in civil proceedings.
270A Notification of allegations of misconduct
The Industrial Registrar is under a duty to notify the Director-General of the Department of Finance and Services of any matter that the Industrial Registrar suspects on reasonable grounds concerns conduct that constitutes or may constitute an offence under this Division.
(1) This Division has effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of an officer of a State organisation and does not prevent the institution of any civil proceedings in respect of a breach of such a duty or in respect of such a liability.(2) In this Division, officer of a State organisation, includes any person, by whatever name called and whether or not he or she holds an office in the organisation, who is concerned, or takes part, in the management of the organisation.