South Australian Numbered Acts

EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011) - SECT 32

32—Power of delegation

        (1)         The Board may delegate a function or power under this Act (other than a function or power under Part 7 or a prescribed function or power)—

            (a)         to a member of the Board, a Registrar or an employee of the Board; or

            (b)         to a committee established by the Board; or

            (c)         to a specified body or person (including a person for the time being holding or acting in a specified office or position).

        (2)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the ability of the Board to act in any matter; and

            (d)         is revocable at will.

        (3)         A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

        (4)         A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Board.

Maximum penalty: $20 000.

        (5)         It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

Subdivision 4—Board's procedures