Education and Children's Services Act 2019
Div 6Miscellaneous
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Division 6—Miscellaneous 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 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. 31—Accounts may be audited The Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a stand‑alone preschool or children's services centre. 32—Corporal punishment prohibited (1) Corporal punishment (however described) must not be imposed on a child enrolled in, or attending at, a preschool or children's services centre. (2) The Chief Executive must take all reasonable steps to ensure that principals, directors, officers of the teaching service and all other persons employed in, or in relation to, a Government preschool or children's services centre comply with subsection (1). (3) For the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life.