Public Finance and Audit Act 1987

The regulations may prescribe a scheme for the reimbursement of costs associated with the engagement of an independent legal practitioner by a

Government employee, Government Board appointee, Minister or Member of

Parliament.

Regulations under this section—

may be of general application or vary in their application according to prescribed factors; and

subject to subsection (3), may provide that any matter or thing is to be determined according to the discretion of a Minister, the Crown

Solicitor or any other person.

Regulations providing for the reimbursement of costs to Ministers or Members of Parliament—

may provide that matters relating to whether criteria for reimbursement of costs have been met, whether the costs sought to be reimbursed are reasonable or whether interim payments should be made are to be determined by the Crown Solicitor (or a delegate of the Crown Solicitor); but

must not provide that any other matter or thing is to be determined according to the discretion of any person.

In this section—

Government Board appointee means a member of a full‑time or part‑time board, committee, tribunal, trust, commission, council, authority, panel, taskforce, forum, working party or group—

established by or under an Act of Parliament of South Australia (excluding the Local Government

Act 1999) and having a majority of members appointed by either a Minister or the Governor; or

established by a Minister or legal instrument such as a constitution or charter, having a majority of members appointed by either a

Minister or the Governor, and includes a former Government Board appointee where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Government Board appointee;

Government employee means—

a public sector employee as defined by the

Public Sector

Act 2009; or

a person who is appointed to any office under an Act;

or

a volunteer within the meaning of the

Volunteers Protection

Act 2001 where the work carried out by the volunteer is directed or coordinated by a public authority, and includes a former Government employee where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Government employee;

Member of Parliament includes a former Member where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Member of

Parliament;

Minister includes a former Minister where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a

Minister.