Div 1The Minister

Division 1—The Minister 18—Functions of Minister (1) The functions of the Minister under this Act are— (a) to support the delivery of the highest possible standard of education services and early childhood services; (b) to work with the Board to ensure effective monitoring and evaluation of the delivery of education and early childhood services; (c) to support the promotion of, and public awareness on the availability and quality of, education and early childhood services; (d) such other functions assigned to the Minister by or under this or any other Act. (2) For the purposes of this section, a reference to early childhood services includes a reference to an education and care service (within the meaning of the Education and Care Services National Law (South Australia)). The Education and Care Services National Law (South Australia) may contain further functions in respect of services to which that Law applies. 19—Ministerial directions (1) Subject to this section, the Minister may give the Board a direction about any matter relevant to the performance or exercise of a function or power of the Board. (2) No Ministerial direction may be given— (a) in relation to the registration of a particular school, or the imposition of conditions on the registration of a particular school, or the suspension or cancellation of the registration of a particular school; or (b) in relation to the determination of criteria for registration under this Act; or (c) in relation to any particular proceedings before the Board; or (d) in relation to a particular complaint of a kind contemplated by section 30. (3) A direction given by the Minister under this section must be in writing. (4) If the Minister gives a direction under this section— (a) the Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and (b) the Board must cause details of the direction to be published in its next annual report. 20—Power of delegation (1) The Minister may delegate a function or power under this Act (other than a prescribed function or power) 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 Minister 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 Minister. (5) It is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter.