Education Act 1989

222AH Duties of members of polytechnic councils

• (1) A member of the council of a designated polytechnic, when acting as a member of the council in any circumstances,—

  • (a) must—

    • (i) act with honesty and integrity; and

    • (ii) act in the interests of the polytechnic as a whole; and

    • (iii) act in a manner that promotes the performance of the functions characteristic of a polytechnic, and the duties of the council; and

    • (iv) act in good faith, and not pursue his or her own interests at the expense of the council's interests; and

  • (b) must exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account—

    • (i) the nature of the council; and

    • (ii) the nature of the action; and

    • (iii) the position of the member as a member of a polytechnic council, and the nature of the responsibilities undertaken by him or her; and

  • (c) must not disclose any information to which subsection (4) applies to any person, or make use of, or act on, that information, except—

    • (i) in the performance of the council's functions; or

    • (ii) as required or permitted by law; or

    • (iii) in accordance with subsection (3); or

    • (iv) in complying with requirements for members to disclose interests.

  (2) The fact that a member of the council of a designated polytechnic was appointed by the council in accordance with a statute providing for the appointment of a member (or 2 or more members) to represent the interests of a stated institution or of people or institutions of a stated description does not displace or limit the member's duty under subsection (1)(a)(ii) to act in the interests of the polytechnic as a whole.

  (3) A member of the council of a designated polytechnic may disclose, make use of, or act on information to which subsection (4) applies if—

  • (a) he or she has earlier been authorised to do so by the council; or

  • (b) disclosing, making use of, or acting on it will not, or will be unlikely to, prejudice the council or the polytechnic.

  (4) This subsection applies to information that—

  • (a) a member of the council of a designated polytechnic has in his or her capacity as a member of the council; and

  • (b) would not otherwise be available to him or her.

  (5) Subparagraphs (i) to (iii) of paragraph (b) of subsection (1) do not limit the generality of that paragraph.

  Section 222AH: inserted, on 1 March 2010, by section 16 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).