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ARTICLE · 08 JULY 2014

Governance for school boards & councils

Governance in the school context can be a peculiar beast.

AustraliaCorporate/Commercial Law

Governance in the school context can be a peculiar beast. Boards are usually populated with well intentioned parents and volunteers, the political landscape of schools can involve the school, a school system and/or a religious affiliate and ordinary commercial duties and obligations must be balanced with the overarching duty to act in the best interests of students.

Good governance in schools is critical to navigate these peculiarities.

Members of school Boards and Councils are bound by the same duties as members of "ordinary" Boards and Councils. These include legislative requirements under the Corporations Act 2001 (Cth) and fiduciary duties. Further, the Centro decision highlighted the requirement for members of Boards and Councils to maintain familiarity with the financial status of the school, by regular review and comprehension of financial statements.

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