Subdiv 3Functions of Board

Subdivision 3—Functions of Board 29—Functions of Board (1) The functions of the Board are as follows: (a) to regulate the provision of education services and early childhood services; (b) to approve the requirements for endorsement of registration; (c) to establish and maintain the registers contemplated by this Act; (d) to prepare or endorse codes of conduct for registered schools; (e) to provide advice to the Minister as the Board considers appropriate; (f) to carry out other functions assigned to the Board under this or any other Act or by the Minister. (2) A code of conduct prepared or endorsed by the Board cannot come into operation except with the written approval of— (a) the Minister; and (b) a majority of the peak bodies prescribed by the regulations for the purpose of this subsection. (3) The Board must, in relation to each code of conduct prepared or endorsed by the Board and that has been approved in accordance with subsection (2)— (a) cause a copy of the code to be published in the Gazette, together with a statement of the operative date of the code (which cannot be a date earlier than the date of publication); and (b) take reasonable steps to send a copy of the code to each school to which it applies; and (c) ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Board, (although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct). 30—Complaint made directly to Board to be referred to school (1) If a person makes a complaint to the Board or a Registrar in relation to the provision of education services by a registered school, the Board or Registrar must refer the complaint to the registered school to be dealt with in accordance with the procedures for handling complaints established by the school. (2) However, if the Board is of the opinion that the subject matter of a complaint— (a) would, if proved, constitute a proper cause for disciplinary action under Part 7; and (b) is of such seriousness that the matter should instead be the subject of a complaint laid under section 62, the Board may direct the relevant Registrar to lay a complaint under that section instead of referring the matter to the registered school. 31—Committees (1) The Board may establish committees— (a) to advise the Board or a Registrar on any matter; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 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. (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.