South Australian Current Acts South Australian Current Acts7—Limitation of liability for volunteer members of governing authorities
(1) Despite any other
provision of this Act, a volunteer member of the governing authority of a
school can only be guilty of a prescribed offence against this Act if the
prosecution proves that—
(a) the
volunteer member knew, or ought reasonably to have known, that there was a
significant risk that such an offence would be committed; and
(b) the
volunteer member was in a position to influence the conduct of the
governing authority in relation to the commission of such an offence; and
(c) the
volunteer member failed to exercise due diligence to prevent the commission of
the offence.
(2) In this
section—
"prescribed offence" means—
(a) an
offence against section 42, 63(1), 75(2) or 76; or
(b) any
other offence prescribed by the regulations for the purposes of this section;
"volunteer member" of the governing authority of a school means a person who
is acting as a member of the governing authority on a voluntary basis (whether
or not the person receives out-of-pocket expenses).