Queensland Consolidated Acts

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EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2001 - SECT 39

39 Suitability of governing body

(1) This section applies if the board is deciding—

(a) whether a school's governing body that is the applicant for the accreditation of the school is suitable to be the school's governing body; or
(b) whether the governing body of a provisionally accredited, or accredited, school is suitable to continue to be the school's governing body; or
(c) whether the proposed governing body of a provisionally accredited, or accredited, school would be suitable to be the school's governing body.

(2) The board may have regard to the following—

(a) the governing body's relationship with other entities;
(b) whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have relating to an aspect of the operation of the school;
(c) the conduct of the governing body, or its directors, relevant to the operation of the school.

(3) If a director of a school's governing body does not have a current positive notice or current positive exemption notice, the board must decide that the governing body is not suitable to be, not suitable to continue to be, or would not be suitable to be, the school's governing body.

(4) Also, in making its decision, the board may have regard to each of the following—

(a) if any of the governing body's directors have been convicted of an indictable offence—the nature, and circumstances, of the commission of the offence;
(b) if the governing body has been convicted of an offence—the nature, and circumstances, of the commission of the offence.

(5) Subsections (2) to (4) do not limit the matters to which the board may have regard in making a decision mentioned in subsection (1).

(6) In this section—

conflict of interest includes a potential conflict of interest.



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