South Australian Current Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 - SECT 30

30—Conflict of interest

        (1)         A member of the governing council of a stand-alone preschool or children's services centre who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council—

            (a)         must, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and

            (b)         must not take part in discussions or decisions of the governing council with respect to that contract; and

            (c)         must not vote in relation to that contract; and

            (d)         must be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $20 000.

        (2)         If a member of the governing council of a stand-alone preschool or children's services centre discloses an interest in a contract or proposed contract in accordance with this section—

            (a)         the contract is not liable to be avoided by the governing council on any ground arising from the fiduciary relationship between the member and the governing council; and

            (b)         the member is not liable to account for profits derived from the contract.

        (3)         This section does not apply in relation to a contract in which a member of the governing council of a stand-alone preschool or children's services centre has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest.