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  4. Registration requirements for member schools
  5. Management and operation of the school
  6. Governance
  7. Conflict of interest
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Conflict of interest

Each ‘responsible person’ for a non-government school must avoid situations in which his or her personal interests or the interests of a relative or close associate may conflict either directly or indirectly with decisions made by the governing body, whether the conflict is actual, perceived or potential. Such conflicts of interests include but are not limited to related party transactions described at section 5.9.3.3 below.

Evidence of compliance

The ‘responsible persons’ for a registered non-government school must have in place and implement policies and procedures in relation to dealing with conflict of interest with specific reference to:

  • an overarching statement defining conflict of interest within the context of the school’s governance structure
  • documented processes for

    • an annual declaration by each ‘responsible person’ for the school in relation to any actual, perceived or potential conflict

    • maintaining records of the annual declaration of each ‘responsible person’ for the school on and from 1 September 2014 and retaining such records for a period of seven (7) years before archiving or disposing

    • requiring each ‘responsible person’ at formal meetings of the school’s ‘responsible persons’ to raise any actual, perceived or potential conflict with regard to items on the agenda for the meeting and for recording in the minutes of the meeting any conflict that is raised

    • each ‘responsible person’ with a conflict of interest (including but not limited to a pecuniary interest or a related party transaction) mitigating the ensuing risk in a way that is acceptable to the other ‘responsible persons’ involved (for example, by absenting themselves from participating in any associated decision-making or advisory role).
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