{"id":"education-and-childrens-services-act-2019","name":"Education and Children's Services Act 2019","slug":"education-and-children-s-services-act-2019","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31928,"registerId":"sa-education-and-childrens-services-act-2019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Education and Children's Services Act 2019.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napproved learning program means a program that—\n\t(a)\tconsists of secondary education provided under this Act; or\n\t(b)\tcounts towards, or is otherwise required for, the award of a degree, diploma or other award provided by a university declared by the regulations to be a university or class of universities that is within the ambit of this paragraph for the purposes of this Act; or\n\t(c)\tconsists of technical and further education provided by TAFE SA; or\n\t(d)\tconsists of an accredited course provided by a registered training organisation (within the meaning of the South Australian Skills Act 2008) or a law of the Commonwealth or another State or a Territory of the Commonwealth relating to higher education, vocational education and training and adult community education (other than a course or training organisation excluded from the ambit of this definition by the regulations for the purposes of this Act); or\n\t(e)\tis an apprenticeship or traineeship undertaken with a registered employer (within the meaning of the South Australian Skills Act 2008) (and any relevant work undertaken as part of the apprenticeship or traineeship will be taken to form part of the program); or\n\t(f)\tis a program of a class declared by the Minister by notice in the Gazette to be an approved learning program; or\n\t(g)\tcomplies with any other requirements set out in the regulations;\nauthorised officer—see section 126;\nChief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\nchild of compulsory education age means a child who is 16 years of age;\nchild of compulsory school age means a child who is—\n\t(a)\tof or above—\n\t(i)\tif the regulations prescribe an age for the purposes of this paragraph—that age; or\n\t(ii)\tif the regulations do not prescribe an age for the purposes of this paragraph—6 years of age; and\n\t(b)\tless than 16 years of age;\nchildren's services includes services of the following kinds (being services provided to, or for the benefit of, children):\n\t(a)\tpreschool education;\n\t(b)\tchild care provided on a not for profit basis that is wholly or partly Government-funded;\n\t(c)\tany other service of a kind prescribed by the regulations for the purposes of this Act;\nchildren's services centre means a children's services centre established under this Act (being a place at which children's services are provided);\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\ndirector, of a stand‑alone preschool or children's services centre, means the person for the time being designated by the Chief Executive as the director of the stand‑alone preschool or children's services centre (as the case requires);\ndisability, in relation to a person, means—\n\t(a)\ttotal or partial loss of the person's bodily or mental functions; or\n\t(b)\ttotal or partial loss of a part of the body; or\n\t(c)\tthe presence in the body of organisms causing disease or illness; or\n\t(d)\tthe presence in the body of organisms capable of causing disease or illness; or\n\t(e)\tthe malfunction, malformation or disfigurement of a part of the person's body; or\n\t(f)\ta disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or\n\t(g)\ta disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour,\nand includes a disability that—\n\t(h)\tpresently exists; or\n\t(i)\tpreviously existed but no longer exists; or\n\t(j)\tmay exist in the future (including because of a genetic predisposition to that disability); or\n\t(k)\tis imputed to a person;\ngoverning authority, of a non-Government school, means the person, board, committee or other authority by which the school is administered;\ngoverning council, of a stand‑alone preschool or children's services centre, means—\n\t(a)\tin the case of a children's services centre to which Part 4 Division 3 applies—the management committee of the children's services centre continued as the governing council of the children's services centre or stand‑alone preschool (as the case requires) under section 26; and\n\t(b)\tin any other case—the governing council for the preschool or children's services centre established under section 19;\ngoverning council, of a school, means the governing council for the school established under section 34;\nGovernment preschool means a school‑based preschool or stand‑alone preschool;\nGovernment school means a school established under this Act or a repealed Act and includes (other than for the purposes of Part 5) a special purpose school;\nhead of an approved learning program means—\n\t(a)\tif the learning program consists of secondary education—the principal of the school at which the program is provided; or\n\t(b)\tin any other case—the person, or person of a class, prescribed by the regulations for the purposes of this paragraph;\nlocal council means a council constituted under the Local Government Act 1999;\nmerit, in relation to a selection process, means—\n\t(a)\tthe extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the carrying out of the duties in question; and\n\t(b)\tif relevant—\n\t(i)\tthe manner in which each of the applicants carried out any previous employment or occupational duties or functions; and\n\t(ii)\tthe extent to which each of the applicants has potential for development;\nmodel constitution means a model constitution published under section 10, as in force from time to time;\nnon‑Government school means a school that is registered under the Education and Early Childhood Services (Registration and Standards) Act 2011 that is not a Government school;\nofficer of the teaching service or officer means a person appointed as an officer of the teaching service under Part 9;\nparent, of a student or child, includes—\n\t(b)\ta guardian of the student or child; and\n\t(c)\ta person standing in loco parentis to the student or child;\npreschool means a place at which education services are provided to children who have not yet attained the compulsory school age (and preschool education will be taken to have a corresponding meaning) but a reference to a preschool, or to preschool education, will be taken not to include a reference to the provision of primary education to such children at a school;\nprincipal of a school means—\n\t(a)\tin relation to a Government school—the person for the time being designated by the Chief Executive as the principal of the school; or\n\t(b)\tin relation to a non-Government school—the person for the time being designated by the governing authority of the school as the principal of the school;\npromotional level, in relation to a position in the teaching service, means a classification level for a position declared by the regulations to be a promotional level for the purposes of this Act;\npublic sector has the same meaning as in the Public Sector Act 2009;\npublic sector code of conduct means the public sector code of conduct under the Public Sector Act 2009, as in force from time to time;\nreclassify includes alter an entitlement of an officer of the teaching service to an increment of remuneration;\nregistered student exchange organisation means a person or body registered as a student exchange organisation under section 85;\nrepealed Acts means the Education Act 1972 and the Education Act 1915;\nresponsible for a child or responsible for a student—see subsection (2);\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nschool means a school at which primary or secondary education or both is, or is to be, provided (whether or not preschool education is also provided at the school);\nschool‑based preschool means a preschool established under this Act as a part of, and providing preschool education as a program of, a Government school;\nspecial purpose school means a special purpose school established under Part 6;\nspecial school means a Government school established for the benefit of a particular class of children who require some special form of education, treatment or care;\nstand‑alone preschool means a preschool established under this Act that is not a school‑based preschool;\nstudent, in relation to a school or approved learning program, means a student enrolled at the school or in the approved learning program;\nteacher means a person who gives, or is qualified to give, instruction in 1 or more of the following:\n\t(a)\tpreschool education;\n\t(b)\tprimary education;\n\t(c)\tsecondary education;\nteaching service means the teaching service constituted under Part 9 (and, for the purposes of this Act, a reference to the teaching service will be taken to include a reference to the teaching service as constituted under the repealed Acts);\nterm employee means an employee appointed for a specified term;\nworking with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.\n\t(1a)\tTo avoid doubt, a disability that is otherwise covered by the definition of disability in subsection (1) includes behaviour that is a symptom or manifestation of the disability.\n\t(2)\tFor the purposes of this Act, a person is responsible for a child or student if the person is—\n\t(a)\ta parent of the child or student; or\n\t(b)\ta person of a class declared by the regulations to be included within the ambit of this subsection for the purposes of this Act,\nhowever, a person will be taken not to be responsible for a child or student if the person's guardianship or custody of, or responsibility for, the child or student is excluded under any Act or law.\n\t(3)\tFor the purposes of this Act, a reference to a school, preschool or children's services centre includes, unless the context requires otherwise, a reference to a campus or site other than the principal site at which services are provided by the school, preschool or children's services centre.\n\t(4)\tFor the purposes of this Act, a reference to participation in an approved learning program includes a reference to attending at the place or places at which the approved learning program is conducted.\n\t(5)\tFor the purposes of this Act, a reference to the effective service of an officer of the teaching service is a reference to—\n\t(a)\t—\n\t(i)\tin the case of an officer to whom section 111 applies—the period (if any) of the officer's continuous service in the teaching service determined in accordance with that section; or\n\t(ii)\tin any other case—the period (if any) of the officer's continuous service in the teaching service; and\n\t(b)\tany other period that is, by determination of the Chief Executive, to be regarded as forming the whole, or part, of the officer's effective service,\nbut does not include any period that is, by determination of the Chief Executive, not to be regarded as a period of effective service.\n\t(6)\tA reference in any other Act to the employing authority under this Act or a repealed Act will be taken to be a reference to the Chief Executive.\n4—Application of Act to non‑Government schools\n\t(1)\tThe following provisions of this Act apply only to Government schools:\n\t(a)\tsection 9;\n\t(b)\tPart 5;\n\t(c)\tPart 6;\n\t(d)\tsections 62, 63 and 64(5);\n\t(e)\tPart 7 Division 3 and Division 4;\n\t(f)\tPart 9;\n\t(g)\tPart 10;\n\t(h)\tPart 11 Division 1;\n\t(i)\tPart 13 Division 1 and Division 2.\n\t(2)\tA provision of this Act not referred to in subsection (1) that is expressed to apply only to Government schools will be taken not to apply to a non‑Government school.\n\t(2a)\tA provision of this Act that is expressed to apply only to non‑Government schools will be taken not to apply to a Government school.\n\t(3)\tEach other provision of this Act (not being a provision referred to in a preceding subsection) applies to Government and non-Government schools.\n5—Interaction with other Acts\nThis Act is in addition to, and does not derogate from, any other Act or law.\n6—Minister may acquire land\nThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and principles","content":"Part 2—Objects and principles\n7—Objects and principles\n\t(1)\tThe objects of this Act include—\n\t(a)\tensuring that education provided to children and students in this State is of a high quality; and\n\t(b)\tensuring that children's services provided at children's services centres in this State are of a high quality; and\n\t(c)\tensuring the development of an accessible range of education and children's services that meet the needs of all groups in the community; and\n\t(ca)\tensuring that the provision of education and children's services in this State is inclusive by enabling the participation of children and students with a disability and supporting the development of their personalities, talents, creativity and mental and physical abilities to their fullest potential; and\n\t(d)\tpromoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services to children and students in this State,\nand, in the course of achieving those objects, it is an object of this Act to continuously improve the wellbeing and safety of children in this State.\n\t(2)\tIt is a further object of this Act to acknowledge the efforts and dedication of all teachers and educators (including school services officers, early childhood workers and Aboriginal education workers) in respect of the education of the children and students of this State, as well as their importance to the successful development of children and the success of the education and children's services sectors generally.\n\t(3)\tIt is a further object of this Act to recognise the diversity of the student body in this State.\n\t(4)\tThe following principles must be taken into account in relation to the operation, administration and enforcement of this Act:\n\t(a)\tthe best interests of children and students is the paramount consideration;\n\t(b)\tevery child has a right to education;\n\t(c)\tthe cultural and religious diversity of the student population must be recognised;\n\t(d)\tchildren and students should not be unlawfully discriminated against on the ground of their gender, disability, religion or race, nor that of their parents;\n\t(e)\tthe involvement of children, students, parents, persons other than parents who are responsible for children and other members of the community in relation to the education and development of children and students should be promoted;\n\t(f)\tchildren, students, stakeholders and communities should be consulted in respect of decisions under this Act that may affect them;\n\t(g)\teducation and children's services provided by Government schools, Government preschools and children's services centres are to be secular in nature;\n\t(h)\tsubject to this and any other Act or law, schools, preschools and children's services centres are free to celebrate events that are of significance to their communities (including, for example, by singing Christmas carols).\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n8—Functions of Chief Executive\n\t(1)\tThe functions of the Chief Executive under this Act include—\n\t(a)\tdetermining the curriculum in accordance with which instruction is provided in Government schools; and\n\t(b)\tdetermining the content and nature of services provided at Government preschools and children's services centres; and\n\t(c)\tproviding for the education and training of teachers; and\n\t(d)\tmaintaining efficiency and competency in the teaching service; and\n\t(e)\tensuring that the expertise and qualifications of persons who provide children's services are of the highest possible standards; and\n\t(f)\tproviding or arranging residences for the accommodation of teachers or students; and\n\t(g)\tproviding or arranging transport of students to and from Government schools; and\n\t(h)\tdeveloping or adopting, and implementing, policies relating to the provision of education and children's services and keeping the operation of those policies under constant review and evaluation; and\n\t(i)\tkeeping the public informed of the availability of education and children's services and how they may be accessed; and\n\t(j)\treviewing the special needs of particular groups of children (including those living with disability and those who are economically disadvantaged) and providing, assisting in the provision of or promoting services to meet those needs; and\n\t(k)\tcollaborating and consulting with Government and non-Government organisations in relation to the provision of education and children's services; and\n\t(l)\tpromoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services; and\n\t(m)\tsuch other functions as may be conferred on the Chief Executive under this or any other Act or by the Minister.\n\t(2)\tSubject to this Act, the Chief Executive has such powers as may be necessary or expedient for the performance of the Chief Executive's functions.\n9—Administrative instructions\n\t(1)\tThe Chief Executive may issue administrative instructions to governing councils or affiliated committees of schools, stand‑alone preschools and children's services centres.\n\t(2)\tWithout limiting the matters in respect of which administrative instructions may be issued, administrative instructions may be issued in respect of materials and services for which materials and services charges may be imposed under Part 13.\n\t(3)\tAn administrative instruction may be varied or revoked by further administrative instruction.\n\t(4)\tAn administrative instruction—\n\t(a)\tmay be of general application or limited application; and\n\t(b)\tmay make different provision according to the matters or circumstances to which it is expressed to apply.\n\t(5)\tGoverning councils and affiliated committees are bound by administrative instructions under this section.\n10—Model constitutions\n\t(1)\tThe Minister must, by notice in the Gazette, publish model constitutions of the following kinds for the purposes of this Act:\n\t(a)\ta model constitution for governing councils of schools without a school‑based preschool;\n\t(b)\ta model constitution for governing councils of schools with a school‑based preschool;\n\t(c)\ta model constitution for governing councils of stand‑alone preschools;\n\t(d)\ta model constitution for governing councils of children's services centres;\n\t(e)\ta model constitution for affiliated committees,\nand may publish such other model constitutions as the Minister thinks fit.\n\t(2)\tWithout limiting the provisions that may be included in a model constitution for governing councils, each such model constitution (other than a model constitution for affiliated committees) must contain provisions requiring—\n\t(a)\tthe governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school or the director of the preschool or children's services centre (as the case requires); and\n\t(b)\tthe members of the governing council to comply with a code of practice approved by the Minister.\n\t(3)\tThe Minister may, by notice in the Gazette, vary, substitute or revoke a model constitution.\n\t(4)\tThe Minister must cause copies of each model constitution and each code of practice approved by the Minister, as in force from time to time, to be published on a website determined by the Minister.\n11—Advisory committees\n\t(1)\tThe Minister may appoint an advisory committee or committees to advise the Minister or the Chief Executive on any matter related to the operation of this Act or the provision of education and children's services in this State.\n\t(2)\tAn advisory committee consists of such members as the Minister thinks fit.\n\t(3)\tA member of an advisory committee will hold office on conditions, and for a term, determined by the Minister.\n\t(4)\tA member of an advisory committee is entitled to such allowances and expenses as may be determined by the Minister.\n\t(5)\tSubject to any direction of the Minister, an advisory committee may determine its own procedures.\n12—Delegation\n\t(1)\tThe Minister or the Chief Executive may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n13—Chief Executive may require information\n\t(1)\tThe Chief Executive may, by notice in writing, require the principal of a school to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, enrolled at the school) as may be in the school's possession and that the Chief Executive reasonably requires for the purposes of this Act.\n\t(2)\tThe Chief Executive may, by notice in writing, require the director of a stand‑alone preschool to provide to the Chief Executive such specified information relating to a specified child (being a child who is attending, or attended, the preschool) as may be in the preschool's possession and that the Chief Executive reasonably requires for the purposes of this Act.\n\t(3)\tThe Chief Executive may, by notice in writing, require the director of a children's services centre to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, being provided with children's services at or by the children's services centre) as may be in the children's services centre's possession and that the Chief Executive reasonably requires for the purposes of this Act.\n\t(4)\tThe Chief Executive may, by notice in writing, require a specified person or body to provide to the Chief Executive such specified information relating to a specified child as may be in the person's or body's possession and that the Chief Executive reasonably requires for the purposes of this Act.\n\t(5)\tA person must provide information required under this section to the Chief Executive in the manner, and within the period, specified in the notice.\n\t(6)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.\n\t(7)\tIf a person refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1), the Chief Executive may, after consultation with the person—\n\t(a)\treport the refusal or failure to the Minister; and\n\t(b)\tinclude details of the refusal or failure in the annual report of the Department.\n14—Sharing of information between certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe Chief Executive;\n\t(b)\tschools;\n\t(c)\tstand‑alone preschools;\n\t(d)\tchildren's services centres;\n\t(e)\tState authorities;\n\t(f)\tany other person or body declared by the regulations to be included within the ambit of this subsection.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations for the purposes of this Act, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform official functions relating to the education, health, safety, welfare or wellbeing of a child; or\n\t(b)\tto manage any risk to a child or class of children that might arise in the recipient’s capacity as an employer or provider of services.\n\t(3)\tDespite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the information or documents consist of or include prescribed information and documents; and\n\t(b)\twhether or not the information or documents ever disclosed the identity of a person, or has been redacted so as to de-identify it.\n\t(5)\tInformation may be provided under this section regardless of whether the provider has been requested to provide the information.\n\t(6)\tA person or body who receives information or documents under this section must not (unless the information or documents are otherwise provided to a person or body to which this section applies under this section) disclose or communicate the information or documents to another person or body except where the disclosure or communication—\n\t(a)\tis required to assist the person or body disclosing or communicating the information or documents in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or\n\t(b)\tis required to assist the person or body disclosing or communicating the information or documents in the management of any risk to a child or class of children that might arise in the person's or body's capacity as an employer or provider of services; or\n\t(c)\tis reasonably required to lessen or prevent a serious threat to the life, health or safety of a child or other persons; or\n\t(d)\tis required or authorised under this Act or any other Act or law; or\n\t(e)\tis required or authorised by an order of a court or tribunal; or\n\t(f)\tis with the consent of—\n\t(i)\tin the case of information or documents that relate to a child—a person responsible for the child to whom it relates; or\n\t(ii)\tin any other case—the person to whom the information or documents relate; or\n\t(g)\tis in circumstances or for a purpose prescribed by the regulations.\n\t(7)\tInformation or documents that have been disclosed or communicated under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information or documents were disclosed or communicated; or\n\t(b)\tany other person who gains access to the information or documents (whether properly or improperly and whether directly or indirectly) as a result of that disclosure or communication,\nprescribed information and documents means—\n\t(a)\tinformation or documents relating to the education, health, safety, welfare or wellbeing of a particular child or class of children; or\n\t(b)\tany other information or document of a kind prescribed by the regulations for the purposes of this definition;\nState authorities—the following persons and bodies are State authorities:\n\t(a)\ta person who holds an office established by an Act;\n\t(b)\ta public sector agency;\n\t(c)\tSouth Australia Police;\n\t(d)\ta local council constituted under the Local Government Act 1999;\n\t(e)\tany incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, cooperatives, societies or other voluntary organisations); or\n\t(iii)\testablished, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment);\n\t(f)\tany other person or body declared by the regulations to be a State authority for the purposes of this Act,\nbut does not include a person or body declared by the regulations to be excluded from the ambit of this definition.\n15—Report\n\t(1)\tThe Chief Executive must, on or before 31 March in each year, report to the Minister on the operation of the Department during the 12 months ending on 31 December in the preceding year.\n\t(2)\tA report under this section must include the information required by the regulations.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Preschools and children's services centres","content":"Part 4—Preschools and children's services centres\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"School‑based preschools","content":"Division 1—School‑based preschools\n16—Minister may establish school‑based preschools\n\t(1)\tThe Minister may establish such school‑based preschools as the Minister thinks fit.\n\t(2)\tA school‑based preschool—\n\t(a)\tmust be established in relation to the school specified by the Minister; and\n\t(b)\tmust provide preschool education as a program of the specified school; and\n\t(c)\twill, for the purposes of this Act, be taken to form part of the specified school,\n(and, for the purposes of this Act and the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law, a reference to the school will, unless the contrary intention is indicated, be taken to include a reference to the school‑based preschool).\n\t(3)\tA school‑based preschool—\n\t(a)\tmay consist of such number of campuses or sites as the Minister thinks fit; and\n\t(b)\tneed not be located at the same campus or site as the specified school in relation to which it is established.\n\t(4)\tTo avoid doubt, if a school‑based preschool consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law.\n17—Governing councils of school‑based preschools\n\t(1)\tSubject to this Act, the governing council of the school in relation to which a school‑based preschool is established is the governing council for the school‑based preschool.\n\t(2)\tIf the Minister establishes a school‑based preschool in relation to an existing school, the Minister—\n\t(a)\tmust appoint to the governing council of the school such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool; and\n\t(b)\tmust take such action under section 40 as the Minister thinks fit to ensure the constitution of the governing council reflects the establishment of the preschool; and\n\t(c)\tmust comply with any other requirements set out in the regulations.\n\t(3)\tIf the Minister establishes a school‑based preschool in relation to a new school, the Minister must ensure that the governing council of the school established under section 34 includes such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Stand‑alone preschools and children's services centres","content":"Division 2—Stand‑alone preschools and children's services centres\n18—Minister may establish stand‑alone preschools and children's services centres\n\t(1)\tThe Minister may establish such stand‑alone preschools as the Minister thinks fit.\n\t(2)\tThe Minister may establish such children's services centres as the Minister thinks fit.\n\t(3)\tA stand‑alone preschool or children's services centre may consist of such number of campuses or sites as the Minister thinks fit. \n\t(4)\tTo avoid doubt, if a stand‑alone preschool or children's services centre consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool or children's services centre for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law.\n19—Governing councils of stand‑alone preschools and children's services centres\n\t(1)\tThe Minister must, by notice in the Gazette, establish a governing council for each stand‑alone preschool or children's services centre.\n\t(2)\tSubject to this Act, the same body may be the governing council for 2 or more stand‑alone preschools or children's services centres, or a combination of stand‑alone preschools and children's services centres.\n\t(3)\tThe governing council of a stand‑alone preschool or children's services centre—\n\t(b)\thas, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(4)\tExcept where the governing council adopts a constitution approved by the Minister under section 21, the governing council of a stand‑alone preschool or children's services centre is to operate under the model constitution for governing councils of the relevant kind.\n\t(5)\tSubject to this Act and its constitution, the governing council of a stand‑alone preschool or children's services centre may determine its own procedures.\n\t(6)\tThe regulations may make further provision in relation to governing councils of stand‑alone preschools and children's services centres for the purposes of this Act.\n20—Composition of governing councils of stand‑alone preschools and children's services centres\n\t(1)\tSubject to this Act, the governing council for a stand‑alone preschool or children's services centre consists of—\n\t(a)\tthe director of the preschool or children's services centre (ex officio); and\n\t(b)\tsuch number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act.\n\t(2)\tSubject to this Act, a majority of the persons appointed under subsection (1)(b) must be persons who are responsible for children attending, or who are to attend, the stand‑alone preschool or children's services centre.\n\t(3)\tThe governing council of a stand‑alone preschool or children's services centre must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who—\n\t(a)\tis responsible for a child attending, or a child who is to attend, the stand‑alone preschool or children's services centre; and\n\t(b)\tis not a member of the staff of the stand‑alone preschool or children's services centre,\n(however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member).\n\t(4)\tIf an election of members of the governing council of a stand‑alone preschool or children's services centre fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then—\n\t(a)\tthe Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and\n\t(b)\tif that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case).\n\t(5)\tTo avoid doubt, subsection (4) applies despite any provision of a governing council's constitution to the contrary.\n21—Approval of constitutions by Minister\n\t(1)\tThe Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a stand‑alone preschool or children's services centre.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tmust be accompanied by a copy of the proposed constitution.\n\t(3)\tHowever, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains—\n\t(a)\tthe information and provisions required by the regulations in respect of a constitution of the relevant kind; and\n\t(b)\ta provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the director of the stand‑alone preschool or children's services centre; and\n\t(c)\ta provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and\n\t(d)\tany other information or provisions that the Minister may reasonably require (including provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council).\n\t(4)\tNothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution.\n\t(5)\tThe Minister must cause a copy of each constitution approved under this section, as in force from time to time—\n\t(a)\tto be kept available for public inspection during normal office hours at an office determined by the Minister; and\n\t(b)\tto be published on a website determined by the Minister.\n22—Amendment of constitutions\n\t(1)\tThe Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a stand‑alone preschool or children's services centre.\n\t(2)\tAn amendment of a constitution under subsection (1) has effect—\n\t(a)\tif the notice specifies a day on which the amendment is to have effect—from that day; or\n\t(b)\tif the notice does not specify such a day—from the day on which the notice is published in the Gazette.\n\t(3)\tWithout limiting subsection (1), the Minister may, by notice in writing, direct the governing council of a stand‑alone preschool or children's services centre to make such amendments to its constitution as are specified in the notice.\n\t(4)\tHowever, the Minister must not give a direction under subsection (3) unless the Minister—\n\t(a)\thas given written notice to the governing council setting out the proposed amendments at least 3 months before the direction; and\n\t(b)\thas had regard to any submissions made by the governing council before the date specified in the notice.\n\t(5)\tSubject to this Act, the governing council of a stand‑alone preschool or children's services centre may amend its constitution in accordance with its constitution.\n\t(6)\tAn amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations.\n23—Functions and powers of governing councils\nSubject to this Act, the governing council of a stand‑alone preschool or children's services centre—\n\t(a)\tis jointly responsible with the director of the preschool or children's services centre for the governance of the preschool or children's services centre; and\n\t(b)\tis to fulfil the roles specified in the constitution of the preschool or children's services centre in respect of—\n\t(i)\tstrategic planning for the preschool or children's services centre; and\n\t(ii)\tdetermining policies for the preschool or children's services centre; and\n\t(iii)\tdetermining the application of the total financial resources available to the preschool or children's services centre; and\n\t(iv)\tpresenting operational plans and reports on its operations to the community and the Minister,\nand has such other functions and powers as may be conferred on it—\n\t(c)\tby or under this Act; or\n\t(d)\tby the Minister or the Chief Executive; or\n\t(e)\tby its constitution.\n24—Limitations on powers of governing councils\n\t(1)\tThe governing council of a stand‑alone preschool or children's services centre may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent.\n\t(2)\tThe governing council of a stand‑alone preschool or children's services centre may only borrow money with the Minister's written consent.\n\t(3)\tThe governing council of a stand‑alone preschool or children's services centre must not interfere, or take any action that interferes, with—\n\t(a)\tin the case of a stand‑alone preschool—the provision, or the day-to-day management of the provision, of preschool education in the preschool; or\n\t(b)\tin the case of a children's services centre—the provision, or the day-to-day management of the provision, of children's services at the children's services centre; or\n\t(c)\tin any case—the administration of discipline to children attending the stand‑alone preschool or children's services centre.\n\t(4)\tThe governing council of a stand‑alone preschool or children's services centre must not give directions to the director of the preschool or children's services centre or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council), in relation to the manner in which the person carries out their duties.\n\t(5)\tA complaint received by the governing council of a stand‑alone preschool or children's services centre against the director or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council) must—\n\t(a)\tin the case of a complaint against the director—be passed on without comment to the Chief Executive; and\n\t(b)\tin any other case—be passed on without comment to the director of the preschool or children's services centre.\n\t(6)\tThe Treasurer may guarantee repayment by a governing council of a stand‑alone preschool or children's services centre of a loan (together with interest and incidental charges connected with the loan).\n\t(7)\tA liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent).\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Continuation of children's services centres registered under Children's Services Act 1985","content":"Division 3—Continuation of children's services centres registered under Children's Services Act 1985\n25—Application of Division\n\t(1)\tThis Division applies to a children's services centre that was, immediately before the commencement of this section, registered under the Children's Services Act 1985 (a registered children's services centre).\n\t(2)\tNothing in this Division affects the registration (if any) of a registered children's services centre under the Education and Early Childhood Services (Registration and Standards) Act 2011.\n26—Continuation of registered children's services centres\n\t(1)\tSubject to this Act, the following provisions apply to a registered children's services centre:\n\t(a)\tthe registered children's services centre will be taken to continue as—\n\t(i)\ta stand‑alone preschool established under this Act; or\n\t(ii)\ta children's services centre established under this Act,\n(determined according to the services provided by the registered children's services centre immediately prior to the commencement of this section);\n\t(b)\tthe management committee of the registered children's services centre will continue as the governing council of the children's services centre or stand‑alone preschool (and sections 19 and 20 will be taken not to apply to the governing council);\n\t(c)\tthe constitution of the registered children's services centre (as in force immediately before the commencement of this section) continues in force as the constitution of the children's services centre or stand‑alone preschool.\n\t(2)\tTo avoid doubt, a registered children's services centre continues as a stand‑alone preschool or a children's services centre under subsection (1)(a) as a body corporate.\n\t(2a)\tA reference in this Act to a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates the stand‑alone preschool or children's services centre being unincorporated) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires).\n\t(2b)\tA reference in this Act to the governing council of a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates or requires the governing council being, or to be, a body corporate) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires).\nExample—\nSection 24 contemplates the governing council of a stand‑alone preschool or children's services centre entering into a transaction, or borrowing money.\n\t(3)\tA reference in any Act, instrument or document to a registered children's services centre, or to the management committee of a registered children's services centre, is to be construed according to the operation of subsection (1).\n\t(4)\tNothing in this section affects any title to the property, assets or liabilities of a registered children's services centre.\n\t(5)\tA stand‑alone preschool or children's services centre continued under this Division is exempt from the payment of land tax under the Land Tax Act 1936.\n26A—Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act\n\t(1)\tDespite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified stand‑alone preschool or children's services centre continued by section 26 will be taken to be a stand‑alone preschool or children's services centre established under this Act.\n\t(2)\tBefore making a declaration under this section in relation to a stand‑alone preschool or children's services centre, the Minister must consult with the governing council of the stand‑alone preschool or children's services centre.\n\t(3)\tOn the day specified in the notice under subsection (1)—\n\t(a)\tSections 19 (other than subsection (1)) and 20 will apply to the governing council of the stand‑alone preschool or children's services centre; and\n\t(b)\tsection 26 ceases to apply to the stand‑alone preschool or children's services centre; and\n\t(c)\tthe incorporation of the stand‑alone preschool or children's services centre is dissolved; and\n\t(d)\tthe property (including, to avoid doubt, real property), assets and liabilities of the stand‑alone preschool or children's services centre (as existing immediately before the day specified in the notice) will vest in the Minister; and\n\t(e)\tthe stand‑alone preschool or children's services centre will be taken to be a stand‑alone preschool or children's services centre (as the case requires) established under section 18.\n\t(4)\tThe Minister may, by notice in the Gazette, transfer specified property, assets or liabilities vested in the Minister under this section to a specified person or body.\n\t(5)\tNo stamp duty is payable under a law of the State in respect of a transfer under subsection (4).\n\t(6)\tTo avoid doubt, a declaration may be made under this section in relation to a stand‑alone preschool or children's services centre without the need to close the stand‑alone preschool or children's services centre in accordance with section 29.\n\t(7)\tThe regulations may make further provision in relation to declarations under this section.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Removal of members of governing councils etc","content":"Division 4—Removal of members of governing councils etc\n27—Minister may remove member of governing council\nThe Minister may remove a member of the governing council of a stand‑alone preschool or children's services centre from office—\n\t(a)\tfor misconduct (including any breach of a code of practice approved by the Minister under section 10(2)(b) and applying to the member); or\n\t(b)\tfor failure or incapacity to carry out the duties of office satisfactorily; or\n\t(c)\tfor any other reasonable cause.\n28—Minister may prohibit or limit performance of functions etc by governing council\n\t(1)\tThe Minister may, if the Minister considers it necessary or appropriate to do so, by notice in writing, prohibit or limit the performance of a specified function, or the exercise of a specified power, by the governing council of a stand‑alone preschool or children's services centre.\n\t(2)\tThe Minister must cause a copy of a notice under subsection (1) to be given to the director of the stand‑alone preschool or children's services centre (as the case requires).\n\t(3)\tA prohibition or limitation imposed under this section—\n\t(a)\tmust comply with any requirements set out in the regulations; and\n\t(b)\thas effect despite the provisions of the constitution of the governing council.\n\t(4)\tThe Minister may, by notice in writing, vary or revoke a notice under subsection (1).\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Closure of stand‑alone preschools and children's services centres","content":"Division 5—Closure of stand‑alone preschools and children's services centres\n29—Closure of stand‑alone preschools and children's services centres\n\t(1)\tThe Minister may, on an application by the governing council of a stand‑alone preschool or children's services centre, close the stand‑alone preschool or children's services centre.\n\t(2)\tThe Minister may, on the Minister's own motion, close a stand‑alone preschool or children's services centre—\n\t(a)\tin the case of a stand‑alone preschool (including a stand‑alone preschool continued under Division 3)—if less than 10 children per year attend the preschool for a period of 2 successive years; or\n\t(b)\tin any case—in any circumstances prescribed by the regulations for the purposes of this subsection.\n\t(3)\tIn the case of the closure of a stand‑alone preschool or a children's services centre (other than a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister.\n\t(4)\tSubject to any provision of the constitution of the preschool or children's services centre to the contrary, in the case of the closure of a stand‑alone preschool or a children's services centre (being a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister.\n\t(5)\tThe Minister may, by notice in the Gazette, dissolve the incorporation of a stand‑alone preschool or children's services centre closed under this section, or the governing council of such a preschool or children's services centre.\n\t(5a)\tIf the governing council of a stand‑alone preschool or children's services centre is dissolved under this section—\n\t(a)\tthe Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council to a specified person or body; and\n\t(b)\tany remaining assets and liabilities of the governing council vest in the Minister.\n\t(5b)\tNo stamp duty is payable under a law of the State in respect of a transfer under subsection (5a).\n\t(6)\tHowever, the Minister need not comply with the requirements of this section in relation to the temporary closure of a stand‑alone preschool or children's services centre in an emergency or for the purposes of carrying out building work.\n\t(7)\tThe regulations may make further provision in relation to the closure of stand‑alone preschools and children's services centres for the purposes of this Act.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n30—Conflict of interest\n\t(1)\tA member of the governing council of a stand‑alone preschool or children's services centre who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council—\n\t(a)\tmust, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and\n\t(b)\tmust not take part in discussions or decisions of the governing council with respect to that contract; and\nMaximum penalty: $20 000.\n\t(2)\tIf a member of the governing council of a stand‑alone preschool or children's services centre discloses an interest in a contract or proposed contract in accordance with this section—\n\t(a)\tthe contract is not liable to be avoided by the governing council on any ground arising from the fiduciary relationship between the member and the governing council; and\n\t(b)\tthe member is not liable to account for profits derived from the contract.\n\t(3)\tThis section does not apply in relation to a contract in which a member of the governing council of a stand‑alone preschool or children's services centre has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest.\n31—Accounts may be audited\nThe Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a stand‑alone preschool or children's services centre.\n32—Corporal punishment prohibited\n\t(1)\tCorporal punishment (however described) must not be imposed on a child enrolled in, or attending at, a preschool or children's services centre.\n\t(2)\tThe Chief Executive must take all reasonable steps to ensure that principals, directors, officers of the teaching service and all other persons employed in, or in relation to, a Government preschool or children's services centre comply with subsection (1).\n\t(3)\tFor the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Government schools","content":"Part 5—Government schools\nDivision 1—Establishment of schools\n33—Minister may establish schools\n\t(1)\tThe Minister may establish such schools as the Minister thinks fit.\n\t(2)\tA school may consist of such number of campuses or sites as the Minister thinks fit.\n\t(3)\tTo avoid doubt, if a school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law.\nDivision 2—Governing councils and affiliated committees\n","sortOrder":10},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Governing councils and affiliated committees","content":"Subdivision 1—Governing councils and affiliated committees\n34—Governing councils of schools\n\t(1)\tThe Minister must, by notice in the Gazette, establish a governing council for each school established under this Act.\n\t(2)\tSubject to this Act, the same body may be the governing council for 2 or more schools.\n\t(3)\tA governing council—\n\t(b)\thas, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(4)\tExcept where the governing council adopts a constitution approved by the Minister under Subdivision 2, the governing council of a school is to operate under the model constitution for governing councils of the relevant kind.\n\t(5)\tSubject to this Act and its constitution, the governing council of a school may determine its own procedures.\n\t(6)\tThe regulations may make further provision in relation to governing councils of schools for the purposes of this Act.\n35—Composition of governing councils of schools\n\t(1)\tSubject to this Act, the governing council of a school consists of—\n\t(a)\tthe principal of the school (ex officio); and\n\t(b)\tsuch number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act.\n\t(2)\tSubject to this Act, a majority of the persons appointed under subsection (1)(b) must, unless the school is wholly or principally for adult students, be persons who are responsible for students enrolled in, or children who are to attend, the school.\n\t(3)\tThe governing council of a school must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who—\n\t(a)\texcept in the case of a school that is wholly or principally for adult students, is responsible for a student enrolled in, or a child who is to attend, the school; and\n\t(b)\tis not a member of the staff of the school or a person employed in an administrative unit for which the Minister is responsible,\n(however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member).\n\t(4)\tIf an election of members of the governing council of a school fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then—\n\t(a)\tthe Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and\n\t(b)\tif that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case).\n\t(5)\tTo avoid doubt, subsection (4) applies despite the provisions of the governing council's constitution to the contrary.\n\t(6)\tIf a school includes, or is to include, a school‑based preschool, the governing council will be taken to include any persons appointed under section 17(2).\n36—Affiliated committees\n\t(1)\tThe Minister may authorise the establishment of committees to be affiliated with a governing council (an affiliated committee).\nNote—\nAn example of an affiliated committee would be a parents and friends committee.\n\t(2)\tExcept where an affiliated committee adopts a constitution approved by the Minister under Subdivision 2, an affiliated committee is to operate under the model constitution for affiliated committees of the relevant kind.\n\t(3)\tThe regulations may make further provision in relation to affiliated committees for the purposes of this Act.\n37—Conflict of interest\n\t(1)\tA member of the governing council of a school who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council—\n\t(a)\tmust, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and\n\t(b)\tmust not take part in discussions or decisions of the governing council with respect to that contract; and\nMaximum penalty: $20 000.\n\t(2)\tA member of an affiliated committee who has a direct or indirect pecuniary interest in a contract or proposed contract with the affiliated committee, or the governing council with which the committee is affiliated—\n\t(a)\tmust, as soon as the member becomes aware of the interest, disclose the nature of the interest to the affiliated committee and governing council; and\n\t(b)\tmust not take part in discussions or decisions of the affiliated committee with respect to that contract; and\nMaximum penalty: $20 000.\n\t(3)\tIf a member of the governing council of a school or an affiliated committee discloses an interest in a contract or proposed contract in accordance with this section—\n\t(a)\tthe contract is not liable to be avoided by the governing council or affiliated committee on any ground arising from the fiduciary relationship between the member and the governing council or affiliated committee (as the case requires); and\n\t(b)\tthe member is not liable to account for profits derived from the contract.\n\t(4)\tThis section does not apply in relation to a contract in which a member of the governing council of a school or an affiliated committee has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest.\n38—Accounts may be audited\nThe Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a school or an affiliated committee.\n","sortOrder":11},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Approval and amendment of constitutions","content":"Subdivision 2—Approval and amendment of constitutions\n39—Approval of constitutions by Minister\n\t(1)\tThe Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a school or an affiliated committee.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tmust be accompanied by a copy of the proposed constitution.\n\t(3)\tHowever, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains—\n\t(a)\tthe information and provisions required by the regulations in respect of a constitution of the relevant kind; and\n\t(b)\tin the case of a constitution of a governing council—\n\t(i)\ta provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school; and\n\t(ii)\ta provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and\n\t(c)\tany other information or provisions that the Minister may reasonably require (including, in the case of a governing council of a school, provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council).\n\t(4)\tNothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution.\n\t(5)\tThe Minister must cause a copy of each constitution approved under this section, as in force from time to time—\n\t(a)\tto be kept available for public inspection during normal office hours at an office determined by the Minister; and\n\t(b)\tto be published on a website determined by the Minister.\n40—Amendment of constitutions\n\t(1)\tThe Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a school or an affiliated committee.\n\t(2)\tAn amendment of a constitution under subsection (1) has effect—\n\t(a)\tif the notice specifies a day on which the amendment is to have effect—from that day; or\n\t(b)\tif the notice does not specify such a day—from the day on which the notice is published in the Gazette.\n\t(3)\tThe Minister may, by notice in writing, direct the governing council of a school or an affiliated committee to make such amendments to its constitution as are specified in the notice.\n\t(4)\tHowever, the Minister must not give a direction under subsection (3) unless the Minister—\n\t(a)\thas given written notice to the governing council or affiliated committee setting out the proposed amendments at least 3 months before the direction is given; and\n\t(b)\thas had regard to any submissions made by the governing council or affiliated committee (as the case requires) made before the date specified in the notice.\n\t(5)\tSubject to this Act, the governing council of a school or an affiliated committee may amend its constitution in accordance with its constitution.\n\t(6)\tAn amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations.\n","sortOrder":12},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Functions and powers of governing councils and affiliated committees","content":"Subdivision 3—Functions and powers of governing councils and affiliated committees\n41—Functions and powers of governing councils and affiliated committees\n\t(1)\tSubject to this Act, the governing council of a school—\n\t(a)\tis jointly responsible with the principal of the school for the governance of the school; and\n\t(b)\tis to fulfil the roles specified in the constitution of the governing council in respect of—\n\t(i)\tstrategic planning for the school; and\n\t(ii)\tdetermining policies for the school; and\n\t(iia)\tthe education, care, development, recreation, health or welfare of students outside of school hours; and\n\t(iii)\tdetermining the application of the total financial resources available to the school; and\n\t(iv)\tpresenting operational plans and reports on its operations to the community and the Minister,\nand has such other functions and powers as may be conferred on it—\n\t(c)\tby or under this Act; or\n\t(d)\tby the Minister or the Chief Executive; or\n\t(e)\tby its constitution.\n\t(2)\tSubject to this Act, an affiliated committee has such functions and powers as may be conferred on it—\n\t(a)\tby or under this Act; or\n\t(b)\tby the governing council with which it is affiliated; or\n\t(c)\tby its constitution.\n42—Limitations on powers of governing councils and affiliated committees\n\t(1)\tThe governing council of a school may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent.\n\t(2)\tThe governing council of a school may only borrow money with the Minister's written consent.\n\t(3)\tThe governing council of a school or an affiliated committee must not interfere, or take any action that interferes, with—\n\t(a)\tthe provision, or the day-to-day management of the provision, of instruction in the school in accordance with the curriculum determined by the Chief Executive; or\n\t(b)\tthe administration of discipline to students enrolled at or attending the school.\n\t(4)\tThe governing council of a school or an affiliated committee must not give directions to the principal, or any other member of the staff of the school (other than an employee of the governing council), in relation to the manner in which the person carries out their duties.\n\t(5)\tA complaint received by the governing council of a school or an affiliated committee against the principal or any other member of the staff of the school (other than an employee of the governing council) must—\n\t(a)\tin the case of a complaint against the principal—be passed on without comment to the Chief Executive; and\n\t(b)\tin any other case—be passed on without comment to the principal of the school.\n\t(6)\tThe Treasurer may guarantee repayment by the governing council of a school of a loan (together with interest and incidental charges connected with the loan).\n\t(7)\tA liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent).\n","sortOrder":13},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Arrangements on closure or amalgamation of schools","content":"Subdivision 4—Arrangements on closure or amalgamation of schools\n43—Minister may make arrangements for governing councils etc on closure or amalgamation of school\n\t(1)\tThe Minister may, by notice in the Gazette, in relation to the amalgamation or closure of a school under Division 3—\n\t(a)\tdissolve the governing council of the school; or\n\t(b)\tdissolve the governing councils of 2 or more schools and establish a single governing council for those schools; or\n\t(c)\tif a governing council operates for 2 or more schools, dissolve the governing council and establish separate governing councils for those schools.\n\t(2)\tThe Minister may, by notice in the Gazette, dissolve an affiliated committee following the amalgamation or closure of a school.\n\t(3)\tThe Minister may, in establishing a governing council under this section, determine the constitution under which the governing council is to operate and make arrangements for the election or appointment of the governing council's elected or appointed members.\n\t(4)\tIf the governing council of a school or affiliated committee is dissolved under this section—\n\t(a)\tthe Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council or affiliated committee to a specified person or body; and\n\t(b)\tany remaining assets and liabilities of the governing council or affiliated committee vest in the Minister.\n\t(5)\tNo stamp duty is payable under a law of the State in respect of a transfer under subsection (4).\n","sortOrder":14},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Removal of members of governing councils and affiliated committees etc","content":"Subdivision 5—Removal of members of governing councils and affiliated committees etc\n44—Minister may remove member of governing council or affiliated committee\nThe Minister may remove a member of the governing council of a school or an affiliated committee from office—\n\t(a)\tfor misconduct (including any breach of a code of practice approved by the Minister under section 10(2)(b) and applying to the member); or\n\t(b)\tfor failure or incapacity to carry out the duties of office satisfactorily; or\n\t(c)\tfor any other reasonable cause.\n45—Minister may prohibit or limit performance of functions etc by governing council or affiliated committee\n\t(1)\tThe Minister may, if the Minister considers it necessary or appropriate to do so, by notice in writing, prohibit or limit the performance of a specified function, or the exercise of a specified power, by the governing council of a school or an affiliated committee.\n\t(2)\tThe Minister must cause a copy of a notice under subsection (1) to be given to the principal of the school.\n\t(3)\tA prohibition or limitation imposed under this section—\n\t(a)\tmust comply with any requirements set out in the regulations; and\n\t(b)\thas effect despite the provisions of the constitution of the governing council or affiliated committee.\n\t(4)\tThe Minister may, by notice in writing, vary or revoke a notice under subsection (1).\n","sortOrder":15},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Governing Councils Legal Fund","content":"Subdivision 6—Governing Councils Legal Fund\n46—Interpretation\nIn this Subdivision—\nCrown Solicitor has the same meaning as in the Crown Proceedings Act 1992;\nFund means the Governing Councils Legal Fund established under section 47.\n47—Governing Councils Legal Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Governing Councils Legal Fund.\n\t(2)\tThe Fund consists of—\n\t(a)\tthe money provided by Parliament for the purposes of the Fund; and\n\t(b)\tany money paid into the Fund under this or any other Act.\n\t(3)\tAny money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer.\n\t(4)\tIncome from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund or into the Consolidated Account.\n\t(5)\tA deficiency in the Fund will be met from the Consolidated Account.\n48—Payments from Fund\n\t(1)\tThe Fund is to be applied as follows:\n\t(a)\tas payment for the costs of independent legal advice incurred, or to be incurred, by the governing council of a school in relation to a dispute between the governing council and the Department;\n\t(b)\tas payment of the expenses of administering the Fund;\n\t(c)\tas may otherwise be authorised by or under this or any other Act.\n\t(2)\tThe governing council of a school may, in a manner and form determined by the Crown Solicitor, apply to the Crown Solicitor for approval of a payment from the Fund under subsection (1)(a).\n\t(3)\tThe Crown Solicitor may refer an application by a governing council under subsection (2) for determination by such other person as is nominated by the Crown Solicitor (a nominated person).\n\t(4)\tA payment may only be made from the Fund under subsection (1)(a) with the approval of the Crown Solicitor or a nominated person.\n\t(5)\tA governing council making an application for payment from the Fund must provide the Crown Solicitor or a nominated person (as the case requires) with such information or documents as may reasonably be required to enable the Crown Solicitor or the nominated person to determine the application.\n\t(6)\tThe Crown Solicitor or a nominated person (as the case requires) must approve the payment from the Fund under subsection (1)(a) if the Crown Solicitor or the nominated person is satisfied that—\n\t(a)\tthere is a genuine dispute between the governing council and the Department that is not trivial, frivolous or vexatious; and\n\t(b)\tit is necessary or appropriate that the governing council seek independent legal advice in relation to the dispute; and\n\t(c)\tthe legal advice is, or is to be, provided by a legal practitioner with the appropriate skills and experience; and\n\t(d)\tthe costs of the independent legal advice incurred, or to be incurred are reasonable.\n\t(7)\tIn performing a function under this section, the Crown Solicitor or a nominated person (as the case requires) is, despite the Public Sector Act 2009 or any other Act or law, independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(8)\tNothing in this section prevents a governing council from seeking any legal advice it thinks fit.\n49—Accounts\nThe Minister must cause proper accounts to be kept of money paid into and payments made from the Fund.\n50—Audit of Fund\nThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.\nDivision 3—Amalgamation and closure of schools\n51—Amalgamation of schools\n\t(1)\tThe Minister may amalgamate 2 or more schools—\n\t(a)\tif, in respect of each school to be amalgamated—\n\t(i)\tif the school is wholly or principally for adult students—a majority of the students enrolled in the school; or\n\t(ii)\tin any other case—a majority of the persons who are responsible for students enrolled in the school,\nindicate, in a manner and form determined by the Minister, that they support the amalgamation; or\n\t(b)\tafter having regard to any recommendation of a review committee following a review under section 53.\n\t(2)\tThe Minister must, as soon as reasonably practicable after making a decision to amalgamate 2 or more schools, give written notice of the decision and the reasons for it to—\n\t(a)\tthe principal; and\n\t(b)\tthe governing council,\nof each school to which the decision relates.\n\t(3)\tTo avoid doubt, a Government school must not be amalgamated with a non-Government school.\n52—Closure of schools\n\t(1)\tThe Minister may close a school—\n\t(a)\tif—\n\t(i)\tthe school is wholly or principally for adult students—a majority of the students enrolled in the school; or\n\t(ii)\tthe school includes a school‑based preschool—a majority of the persons who are responsible for students enrolled in the school and a majority of the persons who are responsible for children attending the preschool; or\n\t(iii)\tin any other case—a majority of the persons who are responsible for students enrolled in the school,\nindicate, in a manner and form determined by the Minister, that they support the closure; or\n\t(b)\tafter having regard to any recommendation of a review committee following a review under section 53.\n\t(2)\tThe Minister must, as soon as reasonably practicable after making a decision to close a school, give written notice of the decision and the reasons for it to—\n\t(a)\tthe principal of the school; and\n\t(b)\tthe governing council of the school.\n\t(3)\tHowever, the Minister need not comply with the requirements of this section in relation to the temporary closure of a school in an emergency or for the purposes of carrying out building work.\n53—Review of schools in a particular area\n\t(1)\tThe Minister may cause a review to be conducted under this section for the purposes of—\n\t(a)\tconsidering all of the schools within an area determined by the Minister (the review area); and\n\t(b)\taddressing the question of whether all of those schools continue to be required and, if not, whether 1 or more schools should be amalgamated or closed (as the case requires).\n\t(2)\tThe following provisions apply to a review under this section:\n\t(a)\tthe Minister must give written notice of the review to—\n\t(i)\tthe principal; and\n\t(ii)\tthe presiding member of the governing council,\nof each school to which the review relates;\n\t(b)\tthe Minister must, within 21 days of giving notice under paragraph (a)—\n\t(i)\testablish a review committee under section 54 to conduct the review (the review committee); and\n\t(ii)\tprovide the review committee with the Minister's reasons for requiring the review;\n\t(c)\tthe review must be conducted by the review committee;\n\t(d)\tthe review committee must, in accordance with a scheme determined by the Minister—\n\t(i)\tcall for public submissions on—\n\t(A)\tthe present and future use of schools within the review area; and\n\t(B)\tthe likely effect on schools outside the review area in the event of the amalgamation or closure (as the case requires) of a school or schools within the review area; and\n\t(ii)\tcall for submissions from or meet with—\n\t(A)\tthe governing council; and\n\t(B)\tteachers; and\n\t(C)\ta majority of the persons who are responsible for students; and\n\t(D)\tany other school staff,\nof each school within the review area;\n\t(e)\tthe review committee must, in the course of the review, have regard to—\n\t(i)\tthe educational, social and economic needs of the local communities within the review area and those of the State as a whole; and\n\t(ii)\tany other matter specified by the Minister,\nand may have regard to any other matter the review committee considers relevant;\n\t(f)\tthe review must comply with any other requirement set out in the regulations.\n\t(3)\tA review committee must, no later than the date specified by the Minister (being not less than 3 months after the date on which the committee was established), submit to the Minister a written report setting out—\n\t(a)\tthe findings of the review committee in respect of the review; and\n\t(b)\tthe recommendations of the review committee in respect of the amalgamation or closure of any school within the review area (including, to avoid doubt, a recommendation that a school not be amalgamated or closed).\n\t(4)\tIf a review committee has not provided a written report under subsection (3) within the period specified by the Minister, the review committee will be taken to have recommended that any amalgamation or closure (as the case requires) to which the review relates occur.\n54—Review committees\n\t(1)\tThe Minister may establish a committee (a review committee) to conduct a review under section 53.\n\t(2)\tA review committee will consist of the following members, appointed by the Minister:\n\t(a)\tat least 2 persons nominated by the Minister (1 of whom will be appointed by the Minister to be the presiding member);\n\t(b)\t—\n\t(i)\tif the review area under section 53 falls wholly or partly within the area of a local council—the principal member of the local council (or a person nominated by the principal member); or\n\t(ii)\tin any other case—a person nominated by the Minister to whom the administration of the Local Government Act 1999 is committed;\n\t(c)\tthe Chief Executive or a person nominated by the Chief Executive;\n\t(d)\ta person (not being a teacher at a school to which the review relates) nominated by the Australian Education Union (SA Branch);\n\t(e)\tthe principal of each school to which the review relates;\n\t(f)\ta person nominated by the governing council of each school to which the review relates.\n\t(3)\tIf, after making a request by notice in writing, the Minister does not receive a nomination under subsection (2)(d) within the time specified in the notice (which must not be less than 14 days) the Minister may, in lieu of such a nominee, appoint a person who is a member of staff of a school to which the review relates in accordance with the regulations.\n\t(4)\tThe total number of members appointed under subsection (2)(a) must not exceed the number gained by multiplying the number of schools to which the review relates by 2. \n\t(5)\tThe Minister must appoint a member of a review committee, nominated by the presiding member, to be the deputy presiding member.\n\t(6)\tThe terms and conditions of membership of a review committee will be as determined by the Minister.\n\t(7)\tA quorum of a review committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(8)\tEach member of a review committee is entitled to 1 vote on any question arising for decision by the committee.\n\t(9)\tA decision supported by a majority of the votes cast by members of the review committee present at a meeting of the committee is a decision of the committee.\n\t(10)\tThe presiding member or, in the presiding member's absence, the deputy presiding member will preside at any meeting of a review committee.\n\t(11)\tThe person presiding at a meeting of a review committee has, in addition to a deliberative vote, a casting vote in the event of an equality of votes.\n\t(12)\tAn act or proceeding of a review committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n\t(13)\tSubject to this Act, a review committee may determine its own procedures.\n55—Minister to report to Parliament if recommendations of review committee not followed\nIf the Minister makes a decision that a school should be closed, or that 2 or more schools should be amalgamated, contrary to the recommendations of a review committee, the Minister must, within 3 sitting days of the decision, cause a copy of the review committee's report under section 53(3) and a statement of the reasons for the Minister's decision to be laid before each House of Parliament.\n","sortOrder":16},{"sectionNumber":"Part 6","sectionType":"part","heading":"Special purpose schools","content":"Part 6—Special purpose schools\n56—Minister may establish special purpose schools\n\t(1)\tThe Minister may establish schools (special purpose schools) for the following purposes:\n\t(a)\tthe provision of primary or secondary education to children and other persons detained in training centres or prisons;\n\t(b)\tthe provision of primary or secondary education to children and other persons in hospitals or other healthcare facilities;\n\t(c)\tthe provision of primary or secondary education to particular groups within the community;\n\t(d)\tthe provision of education in, or relating to, particular languages;\n\t(e)\tany other purpose prescribed by the regulations for the purposes of this subsection.\n\t(2)\tA special purpose school may consist of such number of campuses or sites as the Minister thinks fit.\n\t(3)\tTo avoid doubt, if a special purpose school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law.\n\t(4)\tThe regulations may make further provision in relation to special purpose schools for the purposes of this Act.\n56A—Minister may declare existing school to be special purpose school\n\t(1)\tDespite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified school will be taken to be a special purpose school.\n\t(2)\tBefore making a declaration under this section in relation to a school, the Minister must consult with the governing council of the school.\n\t(3)\tTo avoid doubt, a declaration may be made under this section in relation to a school without the need to close the school in accordance with section 52.\n\t(4)\tThe regulations may make further provision in relation to declarations under this section.\n57—Governing council and constitution\n\t(1)\tFor the purposes of this Act, the governing council of a special purpose school consists of—\n\t(a)\tif the constitution of the governing council provides for the composition of the governing council—the person or persons appointed by the Minister from time to time in accordance with the constitution; or\n\t(b)\tif the constitution of the governing council does not provide for the composition of the governing council—the Chief Executive.\n\t(2)\tA governing council of a special purpose school—\n\t(b)\thas, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(3)\tFor the purposes of this Act, the constitution of the governing council of a special purpose school will be the constitution determined from time to time by the Minister.\n58—Closure of special purpose schools\n\t(1)\tThe Minister may close a special purpose school for any reason the Minister thinks fit.\n\t(2)\tThe Minister must, as soon as reasonably practicable after making a decision to close a special purpose school, give written notice of the decision and the reasons for it to—\n\t(a)\tthe principal of the special purpose school; and\n\t(b)\tthe persons responsible for students of the special purpose school.\n\t(3)\tHowever, the Minister need not comply with subsection (2) in relation to the temporary closure of a special purpose school in an emergency or for the purposes of carrying out building work.\n59—Modification of operation of Act in relation to special purpose schools\n\t(1)\tPart 5 does not apply to a special purpose school.\n\t(2)\tThe regulations may modify the operation of specified provisions of this Act in relation to a special purpose school and the education services provided by or at a special purpose school (including by providing that specified provisions of the Act do not apply in relation to a special purpose school).\nPart 7—Provision of education in schools\nDivision 1—Enrolment\nSubdivision 1—Compulsory enrolment in school or approved learning program\n60—Children of compulsory school age must be enrolled in school\n\t(1)\tSubject to this Act, a child of compulsory school age must be enrolled in a school in accordance with the requirements set out in the regulations.\n\t(2)\tIf a child of compulsory school age is not enrolled as required by subsection (1), each person who is responsible for the child is guilty of an offence.\n\t(3)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1).\n\t(4)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1).\n\t(5)\tProceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice—\n\t(a)\toutlining the person's obligations in respect of the child's enrolment; and\n\t(b)\twarning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1).\n61—Children of compulsory education age must be enrolled in approved learning program\n\t(1)\tSubject to this Act, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, in accordance with the requirements set out in the regulations.\n\t(2)\tHowever, subsection (1) does not apply to a child of compulsory education age who has, in accordance with any requirements set out in the regulations, achieved a qualification under an approved learning program.\n\t(3)\tIf a child of compulsory education age is not enrolled in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence.\n\t(4)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1).\n\t(5)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1).\n\t(6)\tProceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice—\n\t(a)\toutlining the person's obligations in respect of the child's enrolment; and\n\t(b)\twarning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1).\n62—Chief Executive may direct that child be enrolled in particular school\n\t(1)\tThe Chief Executive may, by notice in writing, direct that a specified child be enrolled in a specified school (including a special school) if the Chief Executive is satisfied that—\n\t(b)\tit would, having regard to the child's health, safety or welfare, be appropriate to do so; or\n\t(c)\tit would, having regard to the health, safety or welfare of students and staff at another school, be appropriate to do so,\nand, if such a direction is given, the child may be refused enrolment in any school other than the specified school.\n\t(2)\tBefore giving a direction under this section, the Chief Executive must take reasonable steps to consult with—\n\t(a)\teach person who is responsible for the child; and\n\t(b)\tany other person or body prescribed by the regulations,\nand may consult with such other persons or bodies as the Chief Executive thinks fit.\n\t(3)\tThe Chief Executive may, by notice in writing, vary or revoke a direction under this section.\n\t(4)\tThis section does not apply in relation to a child if the child is, or is to be, enrolled in a non-Government school.\n\t(5)\tThe regulations may make further provision in relation to a direction under this section for the purposes of this Act (including provisions limiting the circumstances in which a direction may be given).\n63—Chief Executive may direct that child be enrolled in another school if improperly enrolled\n\t(1)\tThe Chief Executive may, by notice in writing, direct that a specified child who is enrolled in a Government school (including a special school) be instead enrolled at another Government school if the Chief Executive is satisfied that the child was enrolled at the school on the basis of false or misleading information (including, to avoid doubt, information based on the residential address of the child or 1 or more of the persons responsible for the child).\n\t(2)\tIf a direction is given under subsection (1)—\n\t(a)\tthe enrolment of the child at the school will be taken to be cancelled from the date specified in the notice; and\n\t(b)\tthe child may be refused enrolment at any Government school other than the Government school specified in the notice.\n\t(3)\tThe Chief Executive may, by notice in writing, vary or revoke a direction under this section.\n\t(4)\tThe regulations may make further provision in relation to a direction under this section for the purposes of this Act.\n","sortOrder":17},{"sectionNumber":"Subdiv 1A","sectionType":"subdivision","heading":"Enrolment of children or students with disability","content":"Subdivision 1A—Enrolment of children or students with disability\n63A—Enrolment of children with disability\n\t(1)\tA child must not be refused enrolment at a school on the basis that the child has a disability unless the enrolment of the child would impose an unjustifiable hardship on the school.\n\t(2)\tFor the purposes of subsection (1), in determining whether a hardship that would be imposed on a school would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including—\n\t(a)\tthe matters referred to in section 11 of the Disability Discrimination Act 1992 of the Commonwealth; and\n\t(b)\tany relevant provisions of the Disability Standards for Education 2005 made under the Disability Discrimination Act 1992 of the Commonwealth.\n63B—Reporting in relation to refusal or cancellation of enrolment of children or students with disability\n\t(1)\tThe principal of a school must, on or before 31 May in each year, in the manner and form determined by the Minister, provide a report, or cause a report to be provided, to the Minister, setting out the following information (the required information) in relation to the preceding calendar year:\n\t(a)\tthe number of children with a disability that were refused enrolment at the school on the ground that it would impose an unjustifiable hardship on the school (including if there were no such children);\n\t(b)\tthe number of students with a disability whose enrolment at the school was cancelled (including if there were no such students);\n\t(c)\tany measures taken by the school to reduce the number of refusals or cancellations of enrolments of children or students with a disability;\n\t(d)\tany other information prescribed by the regulations for the purposes of this subsection.\n\t(2)\tFor the purposes of subsection (1), and without limiting that subsection, a principal of a school will be taken to have provided a report, or caused a report to be provided, to the Minister, if—\n\t(a)\tthe school records the required information on a record management system (however described); and\n\t(b)\ton or before 31 May in each year—a report consisting of an extract of the record management system containing the required information is provided to the Minister, in the manner and form determined by the Minister.\n\t(3)\tTo avoid doubt, a report referred to in subsection (2)(b) may include required information that relates to more than 1 school.\n\t(4)\tA principal of a school must not, without reasonable excuse, refuse or fail to comply with subsection (1).\n\t(5)\tThe Minister must, on or before 31 August in each year, in the manner and form determined by the Minister, publish a report setting out the following information in relation to the preceding calendar year:\n\t(a)\tthe number of times children with a disability were refused enrolment at Government schools on the ground that it would impose an unjustifiable hardship on the school;\n\t(b)\tthe number of times children with a disability were refused enrolment at non‑Government schools on the ground that it would impose an unjustifiable hardship on the school;\n\t(c)\tthe number of times the enrolment of students with a disability at Government schools was cancelled;\n\t(d)\tthe number of times the enrolment of students with a disability at non‑Government schools was cancelled;\n\t(e)\tinformation regarding any trends identified in relation to—\n\t(i)\tthe refusal or cancellation of the enrolment of children or students with a disability; and\n\t(ii)\tmeasures taken to reduce the number of refusals or cancellations of enrolments of children or students with a disability by—\n\t(A)\tGovernment schools; and\n\t(B)\tnon‑Government schools;\n\t(f)\tany other information prescribed by the regulations for the purposes of this subsection.\n\t(6)\tInformation provided for the purposes of this section must not identify (either directly or indirectly) any individual to whom the information relates.\n\t(7)\tInformation provided under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991.\nEditorial note—\nSection 63B will come into operation on 1 September 2027.\nSubdivision 2—Enrolment of adult students\n64—Special provisions relating to enrolment of adult students\n\t(1)\tAn adult person must not be enrolled in a school if they are a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n\t(2)\tWithout limiting subsection (1), an adult person must not be enrolled at a school unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n\t(3)\tSubsections (1) and (2) do not apply to—\n\t(a)\tthe continuing enrolment in a school of a student who attains 18 years of age while enrolled in the school; or\n\t(b)\tthe enrolment of an adult student in a special purpose school providing education to persons detained in training centres or prisons; or\n\t(c)\tany other enrolments of a kind declared by the regulations to be included within the ambit of this subsection.\n\t(4)\tThe principal of a school may refuse to enrol an adult student if the principal believes on reasonable grounds that—\n\t(a)\tit would, having regard to the results of the person's working with children check or any other information relating to the person of which the principal is aware, be inappropriate to enrol the person in the school; or\n\t(b)\tit would otherwise not be in the interests of the students or staff at the school to enrol the person in the school.\n\t(5)\tThe principal of a school may, with the approval of the Chief Executive, refuse to enrol an adult student for any other reason the principal thinks fit.\n\t(6)\tThe regulations may make further provision in relation to the enrolment of adult students in schools for the purposes of this Act.\n\t(7)\tWithout limiting the generality of subsection (6), the regulations may provide for—\n\t(a)\tthe provision of information by adult students; or\n\t(b)\tthe cancellation of the enrolments of adult students.\nSubdivision 3—Information gathering\n65—Certain information to be provided on enrolment\n\t(1)\tA person who is responsible for a child who is to be enrolled in a school or an approved learning program must provide to the principal of the school or the head of the approved learning program (as the case requires)—\n\t(a)\tthe full name and each residential address of the child; and\n\t(b)\tthe date of birth of the child; and\n\t(c)\tdetails of any school or approved learning program in which the child was previously, or is currently, enrolled; and\n\t(d)\tinformation relating to the academic progress of the child in a school or approved learning program in which the child was previously, or is currently, enrolled; and\n\t(e)\tany other information or documents prescribed by the regulations for the purposes of this subsection.\n\t(2)\tThe information or documents required under subsection (1) must be provided in a manner and form determined by the principal of the school or head of the approved learning program (as the case requires).\n\t(3)\tA person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence.\n66—Chief Executive may require further information relating to child\n\t(1)\tThe Chief Executive may, by notice in writing, require a person who is responsible for a child to provide to the Chief Executive such information or documents relating to the child as may be specified in the notice (being information or documents in the possession of the person that is reasonably required in the administration, operation or enforcement of this Act).\n\t(2)\tTo avoid doubt, the information or documents that may be required under subsection (1) may include, but is not limited to, any of the following:\n\t(a)\tmedical certificates, reports or advice relating to a child;\n\t(b)\treports relating to the mental, emotional and social wellbeing of a child;\n\t(c)\treferrals for a medical, psychological or allied health service relating to a child;\n\t(d)\tany other personal information relating to a child.\n\t(3)\tThe information or documents required under subsection (1) must be provided to the Chief Executive in the manner and form, and within the period, specified in the notice.\n\t(4)\tA person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence.\n67—Principal may require other principal to provide report in respect of specified child\n\t(1)\tThe principal of a school, or the head of an approved learning program, in which it is proposed a specified child be enrolled may, by notice in writing, require the principal of a specified school or the head of a specified approved learning program (being a school or approved learning program in which the child is, or was previously, enrolled) to prepare and provide a report relating to the child setting out the information specified in the notice.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmay, subject to the regulations, require the following information to be provided:\n\t(i)\tinformation relating to any previous or current enrolment of the child in the specified school or approved learning program;\n\t(ii)\tinformation relating to the academic progress of the specified child in the specified school or approved learning program;\n\t(iii)\tinformation that relates to the safety or wellbeing of the specified child or that may be relevant to the safety or wellbeing of other children or persons at the school or the premises at which an approved learning program is conducted;\n\t(iv)\tany other information of a specified kind relating to the child that the principal of the school or head of the approved learning program (as the case requires) considers necessary or appropriate in relation to the child's education; and\n\t(b)\tmust comply with any requirements set out in the regulations.\n\t(3)\tA report under subsection (1)—\n\t(a)\tmust be provided in a manner and form determined by the Minister; and\n\t(b)\tmust be provided within the period specified in the notice (being not less than the period determined by the Minister for the purposes of this paragraph); and\n\t(c)\tmust be accompanied by copies of such records or documents as may be specified in the notice; and\n\t(d)\tmust contain such information as may be specified in the notice.\n\t(4)\tA principal of a school or head of an approved learning program must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).\nMaximum penalty: $2 500.\n\t(5)\tA principal of a school, or the head of an approved learning program to whom a report is provided under this section must not disclose personal information contained in the report to any other person or body unless the disclosure—\n\t(a)\tis required in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or\n\t(b)\tis with the consent of—\n\t(i)\tin the case of information that relates to a child—a person responsible for the child to whom it relates; or\n\t(ii)\tin any other case—the person to whom the information relates; or\n\t(c)\tis reasonably required to lessen or prevent a serious threat to the life, health, or safety of a child or other persons; or\n\t(d)\tis required or authorised under this Act or any other Act or law; or\n\t(e)\tis required or authorised by an order of a court or tribunal; or\n\t(f)\tis in circumstances or for a purpose prescribed by the regulations.\n\t(6)\tInformation that has been disclosed in a report under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure,\nDivision 2—Attendance at school and participation in approved learning programs\nSubdivision 1—Compulsory attendance at school and participation in approved learning program\n68—Child of compulsory school age must attend school\n\t(1)\tSubject to this Act, a child of compulsory school age must attend at the school in which they are enrolled on every day, and for such parts of every day, that instruction is provided for the child at the school.\n\t(2)\tIf a child of compulsory school age fails to attend school as required by subsection (1), each person who is responsible for the child is guilty of an offence.\n\t(3)\tHowever, subsection (2) does not apply to a particular failure to attend school if—\n\t(a)\tthe reason for the failure is—\n\t(i)\tthe child was sick or infirm; or\n\t(iii)\tany other reason prescribed by the regulations; and\n\t(b)\ta person who is responsible for the child advises the principal of the school within 3 school days after the failure of the reason for the child's failure to attend school.\n\t(4)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates attended school as required by subsection (1).\n\t(5)\tProceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to attend school as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice—\n\t(a)\toutlining the person's obligations in respect of the child's attendance at school; and\n\t(b)\twarning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not attend school as required by subsection (1).\n69—Child of compulsory education age must participate in approved learning program\n\t(1)\tSubject to this Act, a child of compulsory education age must participate in an approved learning program in which they are enrolled on every day, and for such parts of every day, that instruction is provided in relation to the program.\n\t(2)\tIf a child of compulsory education age fails to participate in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence.\n\t(3)\tHowever, subsection (2) does not apply to a particular failure to participate in an approved learning program if—\n\t(a)\tthe reason for the failure is—\n\t(i)\tthe child was sick or infirm; or\n\t(iii)\tthe child was reasonably required to care for a member of the child's family; or\n\t(iv)\tany other reason prescribed by the regulations; and\n\t(b)\ta person who is responsible for the child advises the head of the approved learning program within 3 business days of the failure of the reason for the child's failure to participate in the approved learning program.\n\t(4)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates participated in an approved learning program as required by subsection (1).\n\t(5)\tProceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to participate in an approved learning program as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice—\n\t(a)\toutlining the person's obligations in respect of the child's participation in an approved learning program; and\n\t(b)\twarning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not participate in an approved learning program as required by subsection (1).\nSubdivision 2—Family conferences\n70—Purpose of family conferences\nThe purpose of a family conference under this Subdivision is to provide an opportunity for a student and their family, in conjunction with the principal of a school or head of an approved learning program (as the case requires) and a family conference coordinator, to make voluntary arrangements to ensure the attendance of the student at the school, or the participation of the student in the approved learning program, in which they are enrolled (as the case requires).\n71—Chief Executive may convene family conference\n\t(1)\tIf the Chief Executive is of the opinion that—\n\t(a)\ta student—\n\t(i)\tis a child of compulsory school age and is regularly absent from the school in which they are enrolled; or\n\t(ii)\tis a child of compulsory education age and regularly fails to participate in the approved learning program in which they are enrolled; and\n\t(b)\tarrangements should be made to attempt to improve their attendance or participation; and\n\t(c)\tit would be appropriate in all of the circumstances to make those arrangements by means of a family conference,\nthen the Chief Executive may (after consulting with the principal of the school or the head of the approved learning program in which the student is enrolled) convene a family conference under this Subdivision.\n\t(2)\tA family conference is to be conducted by a family conference coordinator (the coordinator) nominated by the Chief Executive.\n\t(3)\tSubject to subsection (4), the following people are entitled to attend a family conference convened in respect of a particular student:\n\t(a)\tthe student;\n\t(b)\teach person who is responsible for the student;\n\t(c)\tthe principal of the school or the head of the approved learning program in which the student is enrolled (as the case requires) or a nominee of the principal or head;\n\t(d)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\n\t(e)\tany other person (not being a legal practitioner) who the student, or a person who is responsible for the student, wishes to support them at the conference and who, in the opinion of the coordinator, would be of assistance in that role;\n\t(f)\tany other person, or person of a class, prescribed by the regulations for the purposes of this subsection,\nand the coordinator may allow such other persons as the coordinator thinks appropriate to attend a conference.\n\t(4)\tThe coordinator of a family conference may exclude a person (including, to avoid doubt, the student to whom the conference relates) from attending a family conference if the coordinator is satisfied that to do so would be in the best interests of the student.\n72—Procedures at family conference\n\t(1)\tThe coordinator of a family conference must ensure that information relating to the student's level of attendance at the school, or participation in the approved learning program, in which they are enrolled, including any reasons for their non-attendance or non-participation, is presented to the conference.\n\t(2)\tThe coordinator of a family conference must allow the persons who are responsible for the student, and the student if the coordinator thinks it appropriate to do so, an opportunity to hold discussions in private for the purpose of formulating recommendations to improve the student's attendance or participation.\n\t(3)\tThe following provisions relate to the making of decisions at a family conference:\n\t(a)\tdecisions should, if possible, be made by consensus of those present at the conference;\n\t(b)\ta written record must be prepared of the decisions made at the conference;\n\t(c)\ta decision will only be valid for the purposes of this Act if each of the following persons (being persons who are present at the conference) accept the decision in accordance with any requirements set out in the regulations:\n\t(i)\tthe student;\n\t(ii)\teach person responsible for the student;\n\t(iii)\tthe principal of the school or head of the approved learning program (as the case requires) in which the student is enrolled;\n\t(iv)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\n\t(d)\tthe decisions must comply with any other requirements set out in the regulations.\n\t(4)\tThe coordinator of the family conference must cause a copy of the written record of any valid decisions made at a family conference to be provided to each person present at the conference (and may provide a copy of the written record to any other person the coordinator thinks fit).\n\t(5)\tSubject to this Act, the coordinator of a family conference may determine the procedures of the conference.\n73—Chief Executive and principal etc to give effect to decisions of family conference\n\t(1)\tSubject to this Act, the Chief Executive and the principal of the school or head of the approved learning program in which a student is enrolled (as the case requires) should, to the extent that it is consistent with this Act to do so, exercise their powers and perform their functions so as to give effect to valid decisions made at a family conference.\n\t(2)\tNothing in this section—\n\t(a)\trequires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to do something that is unlawful; or\n\t(b)\trequires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to not do something that is required to be done under this or any other Act or law; or\n\t(c)\tcreates legally enforceable rights or obligations on the part of the Chief Executive, the Crown, the student or any other person.\nSubdivision 3—Limitations on employment of certain children of compulsory school age or compulsory education age\n74—Employment of children of compulsory school age or compulsory education age\n\t(1)\tA person must not employ a child of compulsory school age or compulsory education age—\n\t(a)\tduring the hours that the child is required to attend school or to participate in an approved learning program (as the case requires); or\n\t(b)\tin any labour or occupation that renders, or is likely to render, the child—\n\t(i)\tunfit to attend school or participate in an approved learning program (as the case requires) as required by this Act; or\n\t(ii)\tunable to obtain the proper benefit from such attendance or participation.\n\t(2)\tSubsection (1) does not apply in relation to—\n\t(a)\temployment that forms a part of an approved learning program; or\n\t(b)\tany other kind of employment prescribed by the regulations for the purposes of this subsection.\n\t(3)\tTo avoid doubt, subsection (1) applies to a person who is responsible for a child.\n\t(4)\tIn proceedings for an offence against subsection (1), it is a defence for the defendant to prove that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\nSubdivision 4—Reporting of persistent non-attendance or non-participation\n75—Principal etc to report persistent non-attendance or non-participation\n\t(1)\tThe principal of a school or head of an approved learning program must notify the Chief Executive, or cause the Chief Executive to be notified, if a student of the school or approved learning program is persistently failing to attend school, or participate in the approved learning program, (as the case requires) as required under this Act.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be given in a manner and form determined by the Chief Executive; and\n\t(b)\tmust be given as soon as is reasonably practicable after the principal of the school or head of the approved learning program (as the case requires) becomes aware of the relevant matter; and\n\t(c)\tmust contain the information required by the regulations.\n\t(2a)\tHowever, a principal of a school or head of an approved learning program (as the case requires) will be taken to have notified the Chief Executive under subsection (1) if—\n\t(a)\tthe school or approved learning program records information relating to the persistent non‑attendance or non‑participation of students on a record management system (however described); and\n\t(b)\ta report relating to persistent non‑attendance or non‑participation of students at the school or approved learning program containing any information required by the regulations is provided to the Chief Executive at least once in each school term.\n\t(2b)\tTo avoid doubt, a report under subsection (2a)(b)—\n\t(a)\tmay relate to more than 1 school or approved learning program; and\n\t(b)\twithout limiting that paragraph, may consist of an extract of the record management system.\n\t(3)\tA person must not, without reasonable excuse, refuse or fail to comply with subsection (1).\n\t(4)\tFor the purposes of this section, a student will be taken to be persistently failing to attend school, or failing to participate in an approved learning program, if the student fails to attend school, or participate in the approved learning program, for 10 or more days in a particular term (disregarding any failure to which section 68(3) or 69(3) applies).\nDivision 3—Suspension, exclusion and expulsion of students\n76—Suspension of students\n\t(1)\tSubject to this Act, the principal of a school may suspend a student from attendance at the school for a specified period (not exceeding 5 school days) if the principal believes on reasonable grounds that—\n\t(b)\tthe student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or\n\t(d)\tthe student has interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or\n\t(e)\tthe student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour; or\n\t(f)\tthe student shows persistent and wilful inattention or indifference to school work.\n\t(2)\tIn determining whether to suspend a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations.\n\t(3)\tA student cannot (except with the authorisation of the Chief Executive) be suspended from attendance at the school under this section—\n\t(a)\tfor more than 15 school days in a calendar year; or\n\t(b)\ton more than 4 separate occasions in a calendar year.\n77—Exclusion of students\n\t(1)\tSubject to this Act, the principal of a school may exclude a student from attendance at the school for a specified period if the principal believes on reasonable grounds that—\n\t(b)\tthe student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or\n\t(d)\tthe student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or\n\t(e)\tthe student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour.\n\t(2)\tIn determining whether to exclude a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations.\n\t(3)\tThe period of an exclusion under this section must be—\n\t(a)\tnot less than—\n\t(i)\tif the exclusion is for the remainder of the school term during which the student is excluded—that period; or\n\t(ii)\tin any other case—4 consecutive weeks; and\n\t(b)\tnot more than—\n\t(i)\tif the period remaining in the school term in which the exclusion occurs is more than 10 weeks—that period; or\n\t(ii)\t10 consecutive weeks,\nwhichever is the greater.\n\t(4)\tThe principal of a school may, if the principal considers it appropriate to do so, extend the exclusion of a student from attendance at the school under this section for a further period not exceeding the limits fixed by subsection (3).\n\t(5)\tA student cannot (except with the authorisation of the Chief Executive) be excluded from attendance at the school under this section for more than 20 weeks in a calendar year.\n\t(6)\tA principal cannot exclude a student from attendance at a school unless the student has first been suspended from attendance at the school for a period not exceeding 5 consecutive school days under this Act or a repealed Act.\n\t(7)\tThe Chief Executive may, by notice in writing, give such directions as the Chief Executive thinks appropriate to a student excluded from attendance at a school under this section in relation to the student undertaking education, work or other relevant activity during the period of the exclusion.\n\t(8)\tA student must not refuse or fail to comply with a direction under subsection (7).\nMaximum penalty: $1 250.\n78—Expulsion of certain students from particular school\n\t(1)\tSubject to this Act, the principal of a school may expel a student who is above the compulsory school age from a school for a specified period if the principal believes on reasonable grounds that—\n\t(b)\tthe student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or\n\t(d)\tthe student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction.\n\t(2)\tIn determining whether to expel a student from a school under this section, a principal must have regard to the matters (if any) specified by the regulations.\n\t(3)\tThe period of an expulsion from a school under this section must be—\n\t(a)\tnot less than—\n\t(i)\tif the expulsion is for the remainder of the semester or year during which the student is expelled—that period; or\n\t(ii)\tin any other case—6 consecutive months; and\n\t(b)\tnot more than 18 consecutive months.\n\t(4)\tA principal cannot expel a student from a school under this section unless the student has first been suspended from attendance at the school for a period not exceeding 20 consecutive school days under this Act or a repealed Act.\n79—Expulsion of certain students from all Government schools\n\t(1)\tSubject to this Act, the Chief Executive may, on the recommendation of the principal of the school in which the student is enrolled, expel a student who is above the compulsory school age from all Government schools for a specified period if the Chief Executive believes on reasonable grounds that—\n\t(b)\tthe student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or\n\t(c)\tthe student has acted illegally.\n\t(2)\tIn determining whether to expel a student from all Government schools under this section, the Chief Executive must have regard to the matters (if any) specified by the regulations.\n\t(3)\tThe period of an expulsion under this section must (unless the expulsion is for the remainder of the school year during which the student is expelled) be—\n\t(a)\tnot less than 12 consecutive months; and\n\t(b)\tnot more than 5 consecutive years.\n\t(4)\tA principal cannot make a recommendation under subsection (1) unless the student has first been suspended from attendance at the school for a period not exceeding 30 consecutive school days.\n80—Appeal against decision to exclude or expel student\n\t(1)\tA prescribed person in relation to a student may appeal to the relevant authority against—\n\t(a)\tan exclusion of the student from attendance at school under section 77; or\n\t(b)\tan expulsion of the student from a school under section 78; or\n\t(c)\tan expulsion of the student from all Government schools under section 79.\n\t(2)\tAn appeal must be instituted—\n\t(a)\tin the case of an appeal against a decision to exclude a student from attendance at a school—within 5 school days after the student is notified of the decision; or\n\t(b)\tin any other case—within 10 school days after the student is notified of the decision,\n(or such longer period as may be allowed by the relevant authority).\n\t(3)\tAn appeal must be instituted by lodging a notice in a form approved by the Chief Executive—\n\t(a)\tin the case of an appeal to a panel established under subsection (7)—with a person or body specified by the Chief Executive; or\n\t(b)\tin any other case—with the relevant authority.\n\t(4)\tAn appeal must be heard within 2 weeks after it is instituted.\n\t(5)\tThe person who made the original decision being appealed against, or the relevant authority, may stay the operation of the decision until the appeal is determined, withdrawn or struck out.\n\t(6)\tA stay cannot be granted if its effect would be to create a danger to person or property or to allow a danger to person or property to continue.\n\t(7)\tThe Chief Executive must, for the purposes of hearing an appeal under this section, from time to time establish a panel consisting of the following persons nominated by the Chief Executive:\n\t(a)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\n\t(b)\ta principal of a school (not being the principal who made the decision to exclude or expel the student to whom the appeal relates);\n\t(c)\ta person with experience in the administration of equal opportunity matters.\n\t(8)\tA decision carried by a majority of the votes of the members of the panel is a decision of the panel (and, subject to this Act and any direction of the Chief Executive, the panel may determine its own procedures).\n\t(9)\tThe relevant authority may, on the hearing of an appeal—\n\t(a)\taffirm, vary or quash the decision appealed against or substitute, or make in addition, any decision that the relevant authority thinks appropriate; and\n\t(b)\tmake recommendations as to actions to be taken in relation to the student.\n\t(10)\tIn this section—\nprescribed person, in relation to a student, means—\n\t(a)\tthe student; or\n\t(b)\ta person responsible for the student; or\n\t(c)\tan adult acting at the request of the student or a person responsible for the student;\nrelevant authority means—\n\t(a)\tin relation to a decision of the principal of a school to exclude a student from attendance at a school under section 77—the panel established under subsection (7);\n\t(b)\tin relation to a decision of the principal of a school to expel a student from the school under section 78—the Chief Executive;\n\t(c)\tin relation to a decision of the Chief Executive to expel a student from all Government schools under section 79—the Minister.\n81—Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student\nThe regulations may make provision for or in relation to the operation, administration and enforcement of the suspension, exclusion or expulsion of a student under this Division.\nDivision 4—Religious and cultural activities\n82—Religious and cultural activities\n\t(1)\tThe principal of a school may set aside time for the conduct of religious or cultural activities (or both) by a person, or a person of a class, prescribed by the regulations for the purposes of this section.\n\t(2)\tThe principal of a school must give notice in writing to a person who is responsible for a student enrolled at the school who is a child, of the intended conduct of a specified religious or cultural activity involving the student.\n\t(3)\tThe regulations may—\n\t(a)\tmake provision for procedures and requirements relating to obtaining the consent of persons who are responsible for students at the school for the student's participation in religious or cultural activities; and \n\t(b)\tmake provision in relation to the exemption of students from participation in religious or cultural activities.\n\t(4)\tA student who does not participate in a religious or cultural activity under this section—\n\t(a)\tcannot be made to suffer any detriment for not participating in the activity; and\n\t(b)\tmust be offered an alternative activity related to the curriculum determined by the Chief Executive during the period in which the activity is conducted.\n\t(5)\tReligious and cultural activities may be conducted on school premises or elsewhere.\n\t(6)\tNeither religious or cultural activities form part of the curriculum determined by the Chief Executive for the purposes of this Act.\n\t(7)\tNothing in this section limits the operation of the Child Safety (Prohibited Persons) Act 2016 or any other Act that imposes requirements or limitations on working with children.\ndetriment includes—\n\t(a)\tintimidation or harassment; and\n\t(b)\tdiscrimination, disadvantage or adverse treatment.\nDivision 5—Discipline\n83—Corporal punishment prohibited\n\t(1)\tCorporal punishment (however described) must not be imposed on a student enrolled or attending at a Government or a non‑Government school.\n\t(2)\tThe Chief Executive must take all reasonable steps to ensure that principals, officers of the teaching service and all other persons employed in, or in relation to, Government schools comply with subsection (1).\n\t(3)\tFor the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life.\nDivision 6—Registration of student exchange programs\n84—Interpretation\nIn this Division—\nBoard means the Education and Early Childhood Services Registration and Standards Board of South Australia established under the Education and Early Childhood Services (Registration and Standards) Act 2011;\nstudent exchange program means a program in which students undertaking secondary education undertake a part of their studies in a country other than Australia and, in return, students from other countries undertake a part of their studies in this State.\n85—Registration of student exchange organisations\n\t(1)\tThe Board may, on application, register a person or body as a student exchange organisation.\n\t(2)\tAn application for registration under subsection (1) must—\n\t(a)\tbe made in the manner and form determined by the Board; and\n\t(b)\tbe accompanied by such documents or information as may be required by the Board; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(3)\tIn deciding whether to register a person or body under subsection (1), the Board may have regard to the following matters:\n\t(a)\tthe suitability of the person or body to operate a student exchange program;\n\t(b)\tthe organisational and financial structure of the person or body;\n\t(c)\tany relevant guidelines under this or any other Act;\n\t(d)\tthe aims of the proposed student exchange program;\n\t(e)\tany reciprocal arrangements between the State and the other country under the proposed student exchange program;\n\t(f)\tthe support offered under the proposed student exchange program to students in the program and the families accommodating those students;\n\t(g)\tthe arrangements for health insurance for students in the proposed student exchange program;\n\t(h)\tthe processes established by the proposed student exchange program for resolution of problems;\n\t(i)\tany other matter the Board considers relevant.\n\t(4)\tRegistration under subsection (1) may be conditional or unconditional.\n\t(5)\tThe Board may, by notice in writing, vary, substitute or revoke a condition of registration.\n\t(6)\tRegistration under subsection (1) remains in force—\n\t(a)\tfor the period specified in the instrument of registration (not exceeding 5 years from the date of registration); or\n\t(b)\tuntil it is revoked under this Act,\nwhichever is the sooner (and may be renewed in accordance with the regulations).\n86—Annual registration fee\n\t(1)\tA registered student exchange organisation must, in respect of each calendar year, pay an annual registration fee determined in accordance with the regulations.\n\t(2)\tA registered student exchange organisation must pay the annual registration fee for each year—\n\t(a)\tin the manner determined by the Board; and\n\t(b)\ton or before the day specified by the Board in relation to that year.\n87—Guidelines\n\t(1)\tThe Board may publish or adopt guidelines in relation to the registration of student exchange organisations and the operation of student exchange programs.\n\t(2)\tThe Board may, from time to time, vary, substitute or revoke guidelines published or adopted under subsection (1).\n88—Board may give directions to registered student exchange organisation\n\t(1)\tThe Board may, by notice in writing, direct a registered student exchange organisation to take, or to not take, such action as may be specified in the notice if the Board is satisfied that—\n\t(a)\tthe registered student exchange organisation has contravened, or is likely to contravene, this Act or guidelines published or adopted under section 87; or\n\t(b)\tthe direction is necessary or desirable to protect the interests of students engaged in the student exchange program operated by the registered student exchange organisation.\n\t(2)\tA registered student exchange organisation must comply with a direction given under subsection (1).\n89—Suspension and revocation of registration\n\t(1)\tThe Board may, by notice in writing, suspend or revoke the registration of a registered student exchange organisation if the Board is satisfied that—\n\t(a)\tthe organisation has contravened this Act; or\n\t(b)\tthe organisation has not paid the annual registration fee under section 86; or\n\t(c)\tthe organisation has contravened guidelines issued under section 87; or\n\t(d)\tthe organisation has not complied with a direction under section 88; or\n\t(e)\tit is otherwise in the public interest to suspend or revoke the registration.\n\t(2)\tA suspension of registration has effect for the period specified in the notice.\n\t(3)\tThe Board must revoke the registration of a registered student exchange organisation on the request of the organisation.\n89A—Delegation\n\t(1)\tThe Board may delegate a function or power under this Division (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Board to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":18},{"sectionNumber":"Part 8","sectionType":"part","heading":"Protections for teachers, staff and students etc at schools, preschools and children's services centres","content":"Part 8—Protections for teachers, staff and students etc at schools, preschools and children's services centres\n90—Application of Part\n\t(1)\tThis Part applies to, or in relation to, the following premises:\n\t(a)\tthe premises of a Government or non-Government school;\n\t(ab)\tthe premises of an approved learning program prescribed by the regulations for the purposes of this paragraph;\n\t(b)\tthe premises of a preschool (whether a Government preschool or otherwise);\n\t(c)\tthe premises of a children's services centre;\n\t(d)\tthe premises of an approved education and care service under the Education and Care Services National Law (South Australia);\n\t(da)\tprescribed departmental premises;\n\t(e)\tany other premises prescribed by the regulations for the purposes of this section.\n\t(2)\tIn this section—\nprescribed departmental premises means—\n\t(a)\tany premises occupied by the Department; or\n\t(b)\tany other premises prescribed by the regulations for the purposes of this paragraph.\n90A—Interpretation\n\t(1)\tIn this Part—\npublic place includes—\n\t(a)\ta place that—\n\t(i)\tthe public is entitled to use; or\n\t(ii)\tis open to members of the public; or\n\t(iii)\tis used by the public,\nwhether or not on payment of money; and\n\t(b)\ta place that the occupier allows members of the public to enter, whether or not on payment of money;\nrelated premises, of a school, preschool, children's services centre, approved education and care service or prescribed departmental premises, means—\n\t(a)\tany premises or place (other than the premises of the school, preschool, children's services centre or approved education and care service or the prescribed departmental premises), including a public place, used, or to be used—\n\t(i)\tin the case of a school, preschool, children's services centre or approved education and care service—by the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of prescribed departmental premises—by the Department,\nin relation to the provision of education or children's services; or\n\t(b)\tany premises or place (other than the premises of the school, preschool, children's services centre or approved education and care service or the prescribed departmental premises), including a public place, on which there is an activity conducted, or to be conducted, by or in connection with—\n\t(i)\tin the case of a school, preschool, children's services centre or approved education and care service—the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of prescribed departmental premises—the Department; or\nExample—\nExamples of activities are camps, sports or swimming carnivals, swimming lessons, excursions or functions.\n\t(c)\tany other premises or place, or premises or place of a kind, prescribed by the regulations for the purposes of this definition,\nbut does not include a premises or place, or a premises or place of a kind, excluded from the ambit of this definition by any guidelines published by the Minister under section 93(5);\nsafety or wellbeing, of a person, means the physical, emotional or psychological safety or wellbeing of the person;\nvexatious communication, in relation to a person, means communication with, or regarding, the person that a reasonable person would consider unreasonable, having regard to the circumstances of the communication, in 1 or more of the following forms:\n\t(a)\tapproaching, communicating with or otherwise contacting the person (whether electronically or otherwise);\n\t(b)\tpublishing material about the person (whether electronically or otherwise);\n\t(c)\tcausing another person to engage in a behaviour referred to in a previous paragraph;\n\t(d)\tany other type of communication prescribed by the regulations for the purposes of this definition.\n\t(2)\tSubject to subsection (3), for the purposes of this Part, a person will be taken to be related to a school, preschool, children's services centre, approved education and care service or prescribed departmental premises if the person is (as the case requires)—\n\t(a)\ta student of the school or a child attending the preschool, children's services centre or approved education and care service; or\n\t(b)\ta student or child attending the prescribed departmental premises; or\n\t(c)\ta person responsible for a student of the school, a child attending the preschool, children's services centre or approved education and care service or a student or child attending the prescribed departmental premises; or\n\t(d)\ta member of staff of, or other person employed at, the school, preschool, children's services centre, approved education and care service or prescribed departmental premises; or\n\t(e)\tany other person who is present at the premises, or related premises, of the school, preschool, children's services centre or approved education and care service or the prescribed departmental premises or related premises of the prescribed departmental premises—\n\t(i)\tin the case of premises, or related premises, of a school, preschool, children's services centre or approved education and care service—for a reason connected with the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of prescribed departmental premises or related premises of prescribed departmental premises—for a reason connected with the operations or activities of the Department; or\n\t(f)\tany other person prescribed by the regulations for the purposes of this subsection.\n\t(3)\tThe regulations may specify a person, or person of a class, who will not be taken to be a person related to a school, preschool, children's services centre, approved education and care service or prescribed departmental premises for the purposes of this Part.\nDivision 2—Offences\n91—Offensive, disorderly, intimidating or threatening behaviour\n\t(1)\tA person who behaves in an offensive, disorderly, intimidating or threatening manner on premises to which this Part applies is guilty of an offence.\n\t(2)\tA person who—\n\t(a)\tuses abusive, threatening or insulting language to a prescribed person acting in the course of their duties; or\n\t(b)\tbehaves in an offensive, disorderly, intimidating or threatening manner towards a prescribed person acting in the course of their duties,\n(whether or not the behaviour occurs on premises to which this Part applies) is guilty of an offence.\n\t(3)\tSubsections (1) and (2) do not apply to—\n\t(a)\ta person employed at the relevant school, preschool, children's services centre, approved education and care service or prescribed departmental premises; or\n\t(b)\ta student of, or a child attending, the relevant school, preschool, children's services centre or approved education and care service.\n\t(4)\tIn proceedings for an offence against subsection (2), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that a specified person was a prescribed person.\n\t(a)\ta principal of a school or head of an approved learning program; or\n\t(b)\ta director of a stand‑alone preschool or children's services centre; or\n\t(d)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; or \n\t(e)\tany other person employed at a school, preschool, children's services centre or approved education and care service.\n92—Trespassing on premises\nA person who, without reasonable excuse, trespasses on premises to which this Part applies is guilty of an offence.\nDivision 3—Barring notices\n93—Power to bar person from premises, etc\n\t(1)\tSubject to this section, a designated person in respect of premises to which this Part applies may issue a notice (a barring notice) to a person on 1 or more of the following grounds:\n\t(a)\tthe designated person reasonably believes that the person, while on those premises, poses, or would pose, a risk to the safety or wellbeing of any other person on the premises;\n\t(b)\tthe designated person reasonably believes that the person, while on any related premises of a relevant school, preschool, children's services centre, approved education and care service or prescribed departmental premises poses, or would pose, a risk to the safety or wellbeing of—\n\t(i)\tin the case of a school, preschool, children's services centre or approved education and care service—any person related to the school, preschool, children's services centre or approved education and care service on the related premises while they are being used by, or for an activity conducted by or in connection with, that school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of prescribed departmental premises—any person related to the prescribed departmental premises on the related premises while they are being used by the Department, or for an activity conducted by, or in connection with, the Department, that relates to the prescribed departmental premises;\n\t(c)\tthe designated person reasonably believes that the person poses, or would pose, a risk to the safety or wellbeing of any person related to a relevant school, preschool, children's services centre, approved education and care service or prescribed departmental premises while the related person is in transit between the premises of that school, preschool, children's services centre or approved education and care service or that prescribed departmental premises and a related premises of that school, preschool, children's services centre, approved care and education service or prescribed departmental premises (as the case requires);\n\t(d)\tthe designated person reasonably believes that the person, while on—\n\t(i)\tin the case of a school, preschool, children's services centre or approved education and care service—the premises or related premises of the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of an approved learning program—the premises of the approved learning program; or\n\t(iii)\tin the case of prescribed departmental premises—the prescribed departmental premises or related premises of the prescribed departmental premises,\nposes, or would pose, a risk of causing significant disruption to the learning or working environment, or to activities carried on, at those premises or related premises (as the case requires);\n\t(e)\tthe designated person reasonably believes that the person has engaged in vexatious communication with, or regarding, a member of staff or other person employed at the premises.\n\t(2)\tTo the extent that the designated person issuing the notice considers that it is reasonably necessary to address the ground or grounds on which the notice is proposed to be issued, a barring notice issued by the person may do 1 or more of the following:\n\t(a)\tbar a person from premises to which this Part applies, or a part of such premises, specified in the notice (being premises in respect of which the person issuing the notice is a designated person for the purposes of this section);\n\t(b)\tbar a person from any related premises, or a part of any related premises, specified in the notice (being related premises of the school, preschool, children's services centre, approved education and care service or prescribed departmental premises in relation to which the notice is issued) for any period specified in the notice during which the related premises are being used—\n\t(i)\tin the case of related premises of a school, preschool, children's services centre or approved education and care service—by, or for an activity conducted by, or in connection with, the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of related premises of prescribed departmental premises—by the Department, or for an activity conducted by, or in connection with, the Department, that relates to the relevant prescribed departmental premises;\n\t(c)\tprohibit a person from communicating with or otherwise contacting (whether electronically or by some other means) a member of staff or other person, or member of staff or other person of a class, specified in the notice, employed at premises to which this Part applies (being premises in respect of which the person issuing the notice is a designated person for the purposes of this section);\n\t(d)\tprohibit a person from communicating on any online platforms specified in the notice, being—\n\t(i)\tin the case of a notice issued in relation to a school, approved learning program, preschool, children's services centre or approved education and care service—platforms controlled by, or set up in relation to, the school, approved learning program, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(ii)\tin the case of a notice issued in relation to prescribed departmental premises—platforms controlled by the Department or set up in relation to the relevant prescribed departmental premises;\n\t(e)\tprohibit a person from causing another person to engage in behaviour referred to in paragraph (c) or (d).\n\t(3)\tWithout limiting subsection (1), a person will be taken to pose a risk to the safety or wellbeing of another person if the person has—\n\t(a)\tbehaved in an offensive, disorderly, intimidating or threatening manner while on relevant premises to which this Part applies or related premises, or any area within 25 m of a boundary of the premises or related premises; or\n\t(b)\tused abusive, threatening or insulting language to a prescribed person acting in the course of their duties (whether on relevant premises to which this Part applies or related premises, or elsewhere); or\n\t(c)\ttrespassed on relevant premises to which this Part applies or related premises; or\n\t(d)\tcommitted or threatened to commit any other offence on, or in relation to, relevant premises to which this Part applies or related premises.\n\t(4)\tSubject to any guidelines published by the Minister, as in force from time to time, a barring notice may, in specifying a premises or related premises (or a part of such premises or related premises) in relation to which a person is barred, include any area within 25 m of a boundary of the premises or related premises (or a part of such premises or related premises) specified in the notice.\n\t(5)\tThe Minister may publish guidelines in relation to barring notices, including guidelines relating to—\n\t(a)\tthe circumstances in which barring notices may be issued; and\n\t(b)\tthe kinds of premises that may not be related premises; and\n\t(c)\tthe area that may be included as part of the premises to which a barring notice may apply; and\n\t(d)\tthe consideration of the particular needs of—\n\t(i)\tAboriginal students and children, and their families; and\n\t(ii)\tAboriginal members of staff; and\n\t(e)\tconditions that may be attached to barring notices; and\n\t(f)\tapplications for the variation or revocation of barring notices; and\n\t(g)\tany other matter that the Minister thinks fit.\n\t(6)\tA designated person must, in issuing a barring notice, comply with any guidelines published by the Minister in relation to barring notices.\n\t(7)\tSubsection (1) (as it applies to particular premises) does not apply in relation to the following persons:\n\t(a)\tin the case of premises that are premises or related premises of a school or premises of an approved learning program—the principal of the school or the head of the approved learning program;\n\t(b)\tin the case of premises that are premises or related premises of a stand-alone preschool or children's services centre—the director of the stand-alone preschool or children's services centre;\n\t(c)\tin the case of premises that are premises or related premises of an approved education and care service—the nominated supervisor of the service under the Education and Care Services National Law (South Australia);\n\t(d)\tin the case of prescribed departmental premises or related premises of prescribed departmental premises—a student or child attending at the premises or related premises in relation to the provision of education or children's services;\n\t(e)\tin any case—\n\t(i)\tany other person employed at the premises or related premises; or\n\t(ii)\ta student of the school or approved learning program or a child attending the preschool, children's services centre or education and care service to which the premises or related premises relate; or\n\t(iii)\ta student or child (other than a student or child that falls within the ambit of subparagraph (ii)) attending the school or approved learning program to which the premises or related premises relate in relation to the provision of education services.\n\t(8)\tA barring notice—\n\t(a)\tmust be in a form approved by the Minister; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tmust specify all premises or places (or parts of premises or places) and manners of communication to which it relates; and\n\t(d)\tin the case of a barring notice that bars a person from related premises—must specify the days and times on, or at which, the person is barred from such premises; and\n\t(e)\thas effect from the time it is served on the person to whom it is issued, and (subject to this Division) remains in force—\n\t(i)\tfor the period (not exceeding 6 months) specified in the notice; or\n\t(ii)\tuntil it is revoked under this Act,\nwhichever occurs first; and\n\t(f)\tmust comply with any other requirements prescribed by the regulations.\n\t(9)\tA barring notice may, by notice in writing served on the person to whom the notice was issued, be varied or revoked by—\n\t(a)\tin the case of a barring notice issued in relation to a Government school, Government approved learning program, Government preschool or children's services centre—the Chief Executive or the designated person who issued the barring notice; or\n\t(b)\tin any other case—the designated person who issued the barring notice,\non the written application of the person to whom the notice was issued, in a form approved by the Minister or, in any event, on the designated person's, or if paragraph (a) applies, the Chief Executive's, own initiative.\n\t(10)\tA person who contravenes a barring notice is guilty of an offence.\n\t(11)\tIn proceedings for an offence against subsection (10) where the contravention of the barring notice that constitutes the offence relates to a prohibition against communicating with or otherwise contacting a member of staff of a class, or other person of a class, specified in the notice, it is a defence for the defendant to prove that they did not know, and could not reasonably be expected to have known, that the person they communicated with or contacted was such a member of staff or other person.\n\t(12)\tIn proceedings for an offence against subsection (10) it is a defence for the defendant to prove that they engaged in the conduct comprising the contravention of the barring notice constituting the offence in accordance with the written permission of the designated person who issued the barring notice.\n\t(13)\tFor the avoidance of doubt, reasonable communication or contact in the form of a written application for variation or revocation of a barring notice by a person to whom a barring notice has been issued (as contemplated by subsection (9)) does not constitute an offence against subsection (10) that relates to a contravention of a barring notice which prohibits communicating with or otherwise contacting a member of staff or other person, or member of staff or other person of a class, specified in the notice.\n\t(14)\tIn any proceedings for an offence against subsection (10), an apparently genuine document purporting to be a barring notice, or a copy of a barring notice, issued by a designated person will be accepted as such in the absence of proof to the contrary.\n\t(15)\tIn this section—\nAboriginal child, student or member of staff means a child, student or member of staff (as the case requires) who—\n\t(a)\tis of Aboriginal and/or Torres Strait Islander descent; and\n\t(b)\tregards themselves as Aboriginal and/or Torres Strait Islander (or, in the case of a child, is regarded as Aboriginal and/or Torres Strait Islander by a member of their family or community); and\n\t(c)\tis accepted as Aboriginal and/or Torres Strait Islander by a relevant Aboriginal or Torres Strait Islander community;\ndesignated person, in respect of premises to which this Part applies, means—\n\t(a)\tin the case of the premises of a school or an approved learning program—\n\t(i)\tthe principal of the school or the head of the approved learning program; or\n\t(ii)\ta person authorised in writing by the principal of the school or the head of the approved learning program (as the case requires) for the purposes of this section; or\n\t(b)\tin the case of the premises of a stand‑alone preschool or children's services centre—\n\t(i)\tthe director of the preschool or children's services centre; or\n\t(ii)\ta person authorised in writing by the director for the purposes of this section; or\n\t(c)\tin the case of the premises of an approved education and care service—the nominated supervisor of the service under the Education and Care Services National Law (South Australia); or\n\t(d)\tin the case of prescribed departmental premises—\n\t(i)\tthe Chief Executive; or\n\t(ii)\ta person authorised in writing by the Chief Executive in respect of the premises for the purposes of this section;\nfamily, in relation to an Aboriginal and/or Torres Strait Islander child or student, includes any person regarded as a member of the family of the child or student in accordance with Aboriginal or Torres Strait Islander concepts of family, including extended family structures and kinship systems based on practice and custom;\n\t(a)\tthe principal of a school or the head of an approved learning program; or\n\t(b)\ta director of a stand-alone preschool or children's services centre; or\n\t(d)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; or\n\t(e)\tany other person employed at a school, approved learning program, preschool, children's services centre, approved education and care service or prescribed departmental premises;\nrelevant premises, in relation to a barring notice, means the premises of the school, approved learning program, preschool, children's services centre, approved education and care service or the prescribed departmental premises in respect of which the notice is made or proposed to be made.\n94—Review of barring notice by Minister\n\t(1)\tSubject to this section, a person who has been issued with a barring notice under section 93 which will operate for a period of 2 weeks or more may apply to the Minister for a review of the barring notice.\n\t(2)\tAn application under this section must be made in a manner and form determined by the Minister.\n\t(3)\tThe Minister may, on the hearing of an application for a review of a barring notice, confirm, vary or revoke the notice.\n\t(4)\tA barring notice continues to apply pending a determination by the Minister of an application for review of the notice.\n\t(5)\tSubsection (1) does not apply to a barring notice insofar as the notice bars the person from premises to which this Part applies that are premises of—\n\t(a)\ta non‑Government school; or\n\t(b)\ta non‑Government preschool; or\n\t(c)\ta non‑Government approved education and care service; or\n\t(d)\ta non‑Government approved learning program.\nDivision 4—Power to restrain etc persons acting unlawfully on premises to which Part applies or related premises\n95—Certain persons may restrain, remove from or refuse entry to premises\n\t(1)\tSubject to this section, if an authorised person in respect of premises to which this Part applies—\n\t(a)\treasonably believes that a person—\n\t(i)\twhile on those premises poses, or would pose, a risk to the safety or wellbeing of any other person on the premises; or\n\t(ii)\twhile on any related premises of a school, preschool, children's services centre, approved education and care service or prescribed departmental premises poses, or would pose, a risk to the safety or wellbeing of—\n\t(A)\tin the case of a school, preschool, children's services centre or approved education and care service—any person related to the school, preschool, children's services centre or approved education and care service on the related premises while they are being used by, or for an activity conducted by or in connection with, that school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(B)\tin the case of prescribed departmental premises—any person related to the prescribed departmental premises on the related premises while they are being used by the Department, or for an activity conducted by, or in connection with, the Department, that relates to the prescribed departmental premises; or\n\t(iii)\twhile on—\n\t(A)\tin the case of a school, preschool, children's services centre or approved education and care service—the premises or related premises of the school, preschool, children's services centre or approved education and care service (as the case requires); or\n\t(B)\tin the case of an approved learning program—the premises of the approved learning program; or\n\t(C)\tin the case of prescribed departmental premises—the prescribed departmental premises or related premises of the prescribed departmental premises,\nposes, or would pose, a risk of causing significant disruption to the learning or working environment, or to activities carried on, at those premises or related premises (as the case requires); or\n\t(iv)\thas engaged in vexatious communication with, or regarding, a member of staff or other person employed at the premises; and\n\t(b)\tin the case of paragraph (a)(i), (ii) or (iii)—reasonably believes that the risk is imminent,\nthe authorised person may direct the person—\n\t(c)\tto not enter the premises or related premises; or\n\t(d)\tto leave the premises or related premises.\n\t(1a)\tWithout limiting subsection (1), a person will be taken to pose a risk to the safety or wellbeing of another person if the person—\n\t(a)\thas behaved in an offensive, disorderly, intimidating or threatening manner while on premises to which this Part applies, related premises or any area within 25 m of a boundary of the premises or related premises; or\n\t(b)\thas used abusive, threatening or insulting language to a prescribed person acting in the course of their duties (whether on premises to which this Part applies or related premises, or elsewhere); or\n\t(c)\thas trespassed on premises to which this Part applies or related premises; or\n\t(d)\thas committed or threatened to commit any other offence on, or in relation to, premises to which this Part applies or related premises.\n\t(1b)\tA direction under subsection (1) may be given orally or by written notice to the person to whom the direction applies.\n\t(2)\tA person who has been directed to leave premises or related premises under subsection (1) must not—\n\t(a)\tremain on the premises; or\n\t(b)\thaving left the premises—return, or attempt to return, to the premises within—\n\t(i)\tin the case of premises that are related premises of a school, preschool, children's services centre or approved education and care service—2 business days after the day on which the direction is given under subsection (1), or until the related premises are no longer being used by, or for an activity conducted by, or in connection with, the school, preschool, children's services centre or approved education and care service (as the case requires), whichever is the shorter; or\n\t(ii)\tin the case of premises that are related premises of prescribed departmental premises—2 business days after the day on which the direction is given under subsection (1), or until the related premises are no longer being used by the Department, or for an activity conducted by, or in connection with, the Department, that relates to the prescribed departmental premises, whichever is the shorter; or\n\t(iii)\tin any other case—2 business days after the day on which the direction is given under subsection (1).\nMaximum penalty: $7 500.\n\t(2a)\tA person who has been directed to not enter premises or related premises under subsection (1) must not enter, or attempt to enter, such premises within—\n\t(a)\tin the case of premises that are related premises of a school, preschool, children's services centre or approved education and care service—2 business days after the day on which the direction is given under subsection (1), or until the related premises are no longer being used by, or for an activity conducted by, or in connection with, the school, preschool, children's services centre or approved education and care service (as the case requires), whichever is the shorter; or\n\t(b)\tin the case of premises that are related premises of prescribed departmental premises—2 business days after the day on which the direction is given under subsection (1), or until the related premises are no longer being used by the Department, or for an activity conducted by, or in connection with, the Department, that relates to the prescribed departmental premises, whichever is the shorter; or\n\t(c)\tin any other case—2 business days after the day on which the direction is given under subsection (1).\n\t(3)\tSubject to this section, an authorised person in respect of premises to which this Part applies may use such force as is reasonably necessary—\n\t(a)\tto restrain on the premises any person who, in the opinion of the authorised person, is posing an imminent threat to the safety of another person; or\n\t(b)\tto prevent the entry to the premises of a person who has been directed to leave or not enter the premises under this section for the period that the direction operates to prohibit the person from entering the premises (as contemplated by the operation of subsection (2) or (2a)); or\n\t(c)\tto prevent the entry to the premises of a person who is barred from the premises under a barring notice; or\n\t(d)\tto remove from the premises a person referred to in a preceding paragraph.\n\t(3a)\tAn authorised person in respect of premises to which this Part applies may not exercise their powers under this section in relation to—\n\t(a)\tin the case of premises that are premises or related premises of a school or premises of an approved learning program—the principal of the school or the head of the approved learning program; or\n\t(b)\tin the case of premises that are premises or related premises of a stand-alone preschool or children's services centre—the director of the stand-alone preschool or children's services centre; or\n\t(c)\tin the case of premises that are premises or related premises of an approved education and care service—the nominated supervisor of the service under the Education and Care Services National Law (South Australia); or\n\t(d)\tin the case of prescribed departmental premises or related premises of prescribed departmental premises—a student or child attending at the premises or related premises in relation to the provision of education or children's services; or\n\t(e)\tin any case—\n\t(i)\tany other person employed at the premises or at related premises in respect of those premises; or\n\t(ii)\ta student of the school or approved learning program or a child attending the preschool, children's services centre or approved education and care service to which the premises or related premises relate; or\n\t(iii)\ta student or child (other than a student or child that falls within the ambit of subparagraph (ii)) attending the school or approved learning program to which the premises or related premises relate in relation to the provision of education services.\n\t(4)\tIn this section—\nauthorised person, in respect of premises to which this Part applies, means—\n\t(a)\ta police officer; or\n\t(b)\tan officer of the teaching service; or\n\t(c)\ta person employed at the premises; or\n\t(d)\tany other person authorised by the Chief Executive for the purposes of this section.\n\t(a)\tthe principal of a school or the head of an approved learning program; or\n\t(b)\ta director of a stand-alone preschool or children's services centre; or\n\t(d)\tan employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; or\n\t(e)\tany other person employed at a school, approved learning program, preschool, children's services centre, approved education and care service or prescribed departmental premises.\n","sortOrder":19},{"sectionNumber":"Part 9","sectionType":"part","heading":"The teaching service","content":"Part 9—The teaching service\n96—Interpretation\nIn this Part—\nmisconduct includes—\n\t(a)\tmaking a false statement in connection with an application for appointment as an officer of the teaching service; and\n\t(b)\ta breach of a disciplinary provision of the public sector code of conduct while employed as an officer of the teaching service; and\n\t(c)\tbeing found guilty, while employed as an officer of the teaching service, of an offence punishable by imprisonment; and\n\t(d)\tany other misconduct occurring in the course of employment as an officer of the teaching service.\nDivision 2—Appointment to the teaching service\n97—Appointment to the teaching service\n\t(1)\tSubject to this Act, the Chief Executive may appoint such teachers to be officers of the teaching service as the Chief Executive considers appropriate.\n\t(2)\tA reference in any other Act to the employing authority, in relation to the teaching service, will be taken to be a reference to the Chief Executive.\n\t(3)\tAn officer of the teaching service must be appointed as—\n\t(a)\tan ongoing employee; or\n\t(b)\ta term employee; or\n\t(c)\ta casual employee.\n\t(4)\tThe appointment of an officer of the teaching service appointed on an ongoing basis may only be terminated in accordance with this Act.\n\t(5)\tAn officer of the teaching service appointed on a term or casual basis will hold office for a term, and on conditions, determined by the Chief Executive.\n98—Merit‑based selection processes\n\t(1)\tThe following may only occur as a consequence of selection processes conducted on the basis of merit and in accordance with any requirements set out in administrative guidelines or the regulations:\n\t(a)\tthe appointment of a person as an officer of the teaching service on an ongoing basis;\n\t(b)\tthe promotion of an officer of the teaching service to a higher remuneration level;\n\t(c)\tchanging the basis on which a person is appointed as an officer of the teaching service to appointment on an ongoing basis.\n\t(2)\tHowever, subsection (1) does not apply—\n\t(a)\tto the promotion of an officer of the teaching service by way of reclassification of the officer's remuneration level; or\n\t(b)\tto the appointment of an officer of the teaching service on an ongoing basis (being an officer who is, or was, before the appointment employed on a term basis) in circumstances prescribed by the regulations for the purposes of this paragraph; or\n\t(c)\tin any other circumstances prescribed by the regulations for the purposes of this subsection.\n99—Rate of remuneration for part‑time employees\n\t(1)\tIf an officer of the teaching service is employed on the basis that the officer will work a specified percentage of the time ordinarily expected of an officer employed on a full-time basis, the rate of remuneration applicable to the officer is that same percentage applied to the rate of remuneration that would apply if the officer were employed on a full-time basis.\n\t(2)\tSubsection (1) applies in relation to—\n\t(a)\tany salary payable to the officer (despite any Act or law (including the provisions of any contract of employment or award) to the contrary); and\n\t(b)\tany allowance payable to the officer (subject to any express provision of a contract of employment or an award that provides for payment of the full amount of the allowance to the officer); and\n\t(c)\tany other remuneration to which the officer is entitled (whether arising before or after the commencement of this section),\nand applies regardless of the number of working days, or the period of time in a working day, in any pay period during which the officer performs the work.\n100—Special remuneration for attraction and retention of officers of the teaching service\n\t(1)\tThe Chief Executive may, in accordance with any requirements set out in administrative guidelines or the regulations, offer special remuneration to officers of the teaching service for the purposes of attracting and retaining officers of a high standard (and, for that purpose, may enter into an arrangement with an officer of the teaching service).\n\t(2)\tHowever, nothing in subsection (1) limits the actions that the Chief Executive may take for the purpose of attracting or retaining officers of the teaching service, or for any other purpose.\n101—Probation\n\t(1)\tSubject to this section, a person is, when first appointed to the teaching service as an ongoing employee (whether or not the person has been previously appointed as a term employee or casual employee), on probation for a period of 2 years.\n\t(2)\tThe Chief Executive may, in relation to a specified officer of the teaching service (being an officer appointed as an ongoing employee) determine that—\n\t(a)\tno probation is required; or\n\t(b)\tsome lesser period of probation is to apply; or\n\t(c)\tthat the probation period for the officer may consist of 12 months, with a further period of probation of 12 months to apply at the discretion of the Chief Executive,\nand, in such a case, the probation period (if any) for the officer will be as so determined.\n\t(3)\tA person appointed to the teaching service as a term employee (whether or not the person has been previously appointed as a term employee or casual employee) is on probation for a period determined in accordance with the scheme set out in the regulations.\n\t(4)\tSubsections (1) and (3) do not apply to—\n\t(a)\tthe appointment of an officer of the teaching service as a casual employee; or\n\t(b)\tany other appointment, or class of appointments, declared by the regulations to be included within the ambit of this subsection.\n\t(5)\tThe employment of an officer of the teaching service who is on probation may be terminated by the Chief Executive at any time.\n\t(6)\tIf an officer of the teaching service has been on probation for at least half of the period of probation, the Chief Executive may confirm the officer's employment and, in that event, the officer ceases to be on probation.\n\t(7)\tSubject to this Act, an officer of the teaching service ceases to be on probation at the end of the period of probation.\n\t(8)\tFor the purposes of this section, in determining the period during which an officer of the teaching service has been on probation, any period during which the officer is absent on leave without pay is to be disregarded.\nDivision 3—Duties, classification, promotion and transfer\n102—Assignment of duties and transfer to non-teaching position within Department\n\t(1)\tThe Chief Executive may from time to time determine the duties of an officer of the teaching service and the place or places at which the duties are to be performed.\n\t(2)\tWithout limiting subsection (1), the Chief Executive may, by notice in writing—\n\t(a)\ttransfer an officer of the teaching service from a teaching position to an administrative or other specified position; and\n\t(b)\tmake such transitional or ancillary arrangements as may be necessary or expedient in the circumstances.\n\t(3)\tA notice under subsection (2) has effect according to its terms and despite any other Act or law.\n\t(4)\tThe regulations may make further provision in relation to the operation of this section for the purposes of this Act (including, to avoid doubt, provisions limiting the circumstances in which a transfer under this section can occur).\n\t(5)\tA transfer of an officer of the teaching service under this section does not constitute a breach of the officer's contract of employment or termination of the officer's employment, or affect the continuity of the officer's employment for any purpose.\n\t(6)\tNothing in this section limits section 9 of the Public Sector Act 2009.\n103—Transfer within teaching service\n\t(1)\tThe Chief Executive may transfer officers of the teaching service between positions in the teaching service but not so as to—\n\t(a)\treduce an officer's salary without the officer's consent; or\n\t(b)\teffect promotion of an officer to a position at a higher classification level.\n\t(2)\tA transfer of an officer of the teaching service under this section does not constitute a breach of the officer's contract of employment or termination of the officer's employment, or affect the continuity of the officer's employment for any purpose.\n104—Classification of officers and positions\n\t(1)\tThe Chief Executive may, from time to time—\n\t(a)\tfix the duties and titles of officers of, and positions in, the teaching service; and\n\t(b)\tclassify officers of the teaching service; and\n\t(c)\tclassify positions in the teaching service at promotional levels.\n\t(2)\tThe classifying of officers under subsection (1) may be conditional or unconditional.\n\t(3)\tThe Chief Executive may vary or revoke a condition under subsection (2).\n105—Application to Chief Executive for reclassification\n\t(1)\tIf an officer of the teaching service considers that the classification of the officer, or a position occupied by the officer, is not appropriate in view of the duties of the officer or on any other ground, the officer may lodge with the Chief Executive an application for reclassification.\n\t(2)\tAn application under subsection (1) must be made in a manner and form approved by the Chief Executive.\n\t(3)\tThe Chief Executive may, on an application under subsection (1), reclassify the officer or a position occupied by the officer.\n\t(4)\tNothing in this section limits the Chief Executive's general power to reclassify officers of, or positions in, the teaching service.\n\t(5)\tThe regulations may make further provision in relation to an application under this section for the purposes of this Act (including, to avoid doubt, limiting the circumstances or positions in relation to which an application can be made).\n106—Appointment to promotional level positions\n\t(1)\tSubject to this Act, the Chief Executive may appoint officers of the teaching service to positions within the teaching service classified at promotional levels in accordance with this section.\n\t(2)\tThe Chief Executive must call for applications in relation to a position in the teaching service classified at a promotional level in a manner specified by the regulations, and applications for the position are to be submitted in accordance with the regulations to either—\n\t(a)\tthe Chief Executive; or\n\t(b)\ta committee established by the Chief Executive and consisting of members appointed by the Chief Executive, at least 1 of whom must, subject to subsection (3), be a nominee of the Australian Education Union (SA Branch).\n\t(3)\tIf the Chief Executive does not receive a nomination under subsection (2)(b) within 14 days after calling for applications in relation to the position, the Chief Executive may appoint, in lieu of a nominee, an officer of the teaching service elected or nominated by other officers of the teaching service to represent them on such committees in accordance with the regulations.\n\t(4)\tHowever, subsection (2) does not apply to—\n\t(a)\tthe appointment of an officer of the teaching service to a position in an acting capacity for a period of not more than 12 months; or\n\t(b)\tthe appointment of an officer of the teaching service to a position in an acting capacity for a period of more than 12 months but not more than 2 years in circumstances determined by the Chief Executive; or\n\t(c)\tthe transfer of an officer of the teaching service between positions in the teaching service; or\n\t(d)\tany other appointment of a kind declared by the regulations to be included within the ambit of this subsection.\n\t(5)\tA committee established under subsection (2)(b) may make a provisional recommendation to the Chief Executive that an applicant be appointed to the vacant position.\n\t(6)\tThe Chief Executive may, after considering an application under subsection (2)(a), or a provisional recommendation of a committee under subsection (5)—\n\t(a)\tappoint the applicant to the vacant position; or\n\t(b)\tdecline to make the appointment.\n\t(7)\tThe Chief Executive may appoint an officer of the teaching service to a position classified at a promotional level in an acting capacity for a term not exceeding 2 years.\n\t(8)\tAn appointment under this section may be conditional or unconditional.\n\t(9)\tThe Chief Executive may vary or revoke a condition under subsection (8).\nDivision 4—Long service leave\n107—Long service leave and retention entitlement\n\t(1)\tAn officer of the teaching service's entitlement to long service leave accrues as follows:\n\t(a)\tthe officer is entitled to 63 days' leave in respect of the first 7 years of effective service;\n\t(b)\tthe officer is then entitled to 0.75 of a day's leave for each subsequent complete month of effective service.\n\t(2)\tAn officer of the teaching service who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows:\n\t(a)\tfor each month of effective service completed during the 2012/2013 financial year—⅙ working day's leave;\n\t(b)\tfor each month of effective service completed during the 2013/2014 financial year—¼ working day's leave;\n\t(c)\tfor each month of effective service completed on or after 1 July 2014—⅓ working day's leave.\n\t(3)\tIf long service leave is taken by an officer of the teaching service, the officer's entitlement to long service leave is reduced accordingly.\n\t(4)\tEach day from the commencement to the conclusion of a period of long service leave (whether a working day or not) will be counted as a day of that leave.\n\t(5)\tThe following additional provisions apply in relation to a skills and experience retention leave entitlement:\n\t(a)\tthe Chief Executive may make a determination under which the accrual of the entitlement will be calculated instead as a number of working hours leave for each completed month of effective service;\n\t(b)\tan entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations;\n\t(c)\ta skills and experience retention leave entitlement is to be taken (depending on the amount of leave accrued) as 1 or more whole working days of leave and accordingly subsection (4) will not apply in relation to a skills and experience retention leave entitlement;\n\t(d)\ta skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable) (and accordingly the other provisions of this Division relating to paying out an entitlement to leave will apply subject to the operation of this paragraph);\n\t(e)\tthe Chief Executive may, by determination, make any other provision in relation to the granting or taking of skills and experience retention leave.\n\t(6)\tThis Division—\n\t(a)\tdoes not affect an entitlement to long service leave or payment in lieu of long service leave that accrued before the commencement of the Education Act Amendment Act 1987; and\n\t(b)\tdoes not prejudice an entitlement to pro rata long service leave arising after 5 years' effective service that would have come into existence if the Education Act Amendment Act 1987 had not been enacted.\n\t(7)\tThe regulations may, for the purposes of this section—\n\t(a)\tprescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and\n\t(b)\tfix different monetary amounts according to different classes or categories of officers of the teaching service.\n\t(8)\tA regulation under subsection (7) may only be made on the recommendation of the Treasurer.\n\t(9)\tThe Treasurer must, in making a recommendation under subsection (8), apply the principle that a monetary amount fixed by the regulations must be consistent with any corresponding regulations applying under the Public Sector Act 2009.\n108—Taking leave\n\t(1)\tSubject to this section, an officer of the teaching service who has completed at least 10 years' effective service is entitled to take long service leave.\n\t(2)\tThe Chief Executive may permit an officer who has completed at least 7 years' effective service to take long service leave.\n\t(3)\tLong service leave may only be taken in respect of completed years of effective service.\n\t(4)\tSubsection (3) does not apply in relation to a skills and experience retention leave entitlement.\n\t(5)\tLong service leave may only be taken at times and for periods that are, in the opinion of the Chief Executive, convenient to the Department.\n\t(6)\tSubject to this section, the salary to which an officer of the teaching service is entitled during long service leave is—\n\t(a)\twhere the effective service of the officer consists of full-time service—the salary applicable to the officer's position or classification level during that leave (disregarding any acting appointment); or\n\t(b)\twhere the effective service of the officer consists in whole or in part of part-time service—a salary determined by the Chief Executive.\n\t(7)\tAn officer of the teaching service may elect to take long service leave on half salary and, in that event, may take 2 days' leave for each whole day of the officer's entitlement.\n\t(8)\tIf the effective service of an officer of the teaching service consists wholly or partly of part-time service, the officer may elect to take long service leave on the salary applicable to full-time service and, in that event, the period of the long service leave will be reduced accordingly.\n\t(9)\tThe Chief Executive may authorise payment to an officer of the teaching service on long service leave of such additional salary or allowances as the Chief Executive considers appropriate.\n109—Payment in lieu of long service leave\n\t(1)\tThe Chief Executive may, on application by an officer of the teaching service, authorise the officer to be paid, in lieu of a period of long service leave to which the officer has accrued an entitlement, an amount equal to the salary or wages and allowances (if any) that the officer would have been entitled to receive during such a period of leave.\n\t(2)\tIf an officer of the teaching service who is entitled to long service leave dies or ceases for any reason to be an officer, then—\n\t(a)\tin the case of death—the officer's personal representative; or\n\t(b)\tin the case of cessation of service for any other reason—the officer,\nmust be paid the salary or wages that would have been payable if the long service leave had commenced on the day of cessation of service.\n\t(3)\tIn determining a sum payable under this section, no allowance may be made for an increase in salary or wages granted or payable after the date of the payment.\n\t(4)\tThe Chief Executive may apply any amount payable to or in respect of an officer of the teaching service under this section in satisfaction of a claim against the officer.\n110—Interruption of service where officer leaves teaching service\n\t(1)\tIf an officer of the teaching service retires or retired from employment under this Act, a repealed Act or the Children's Services Act 1985 on the ground of invalidity and is, or was, subsequently reappointed as an officer, their service before retirement and service after reappointment will, for the purposes of this Division, be taken into account as though that service were continuous.\n\t(2)\tIf the service of an officer of the teaching service is, or was, interrupted other than by resignation or termination for misconduct and the officer is, or was, subsequently reappointed as an officer within—\n\t(a)\tin the case of an officer who was employed before the interruption as an ongoing employee—2 years after the date of that interruption;\n\t(b)\tin the case of an officer who was employed before the interruption as a term employee—3 months after the date of that interruption (disregarding any period of school vacation occurring after the interruption but before the reappointment),\nthe officer's service before the interruption and service after the interruption will, for the purposes of this Division, be taken into account as though that service were continuous.\n\t(3)\tSubsections (1) and (2) apply in relation to—\n\t(a)\ta retirement occurring before or after the commencement of this section; and\n\t(b)\tan interruption in service commencing before or after the commencement of this section.\n\t(4)\tHowever, subsections (1) and (2) do not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service.\n\t(5)\tIf the service of an officer of the teaching service was interrupted other than by resignation or termination for misconduct for a period exceeding—\n\t(a)\tin the case of an officer who was employed before the interruption as an ongoing employee—2 years;\n\t(b)\tin the case of an officer who was employed before the interruption as a term employee—3 months,\nthe Chief Executive may grant a certificate under this section (and, if a certificate is issued, the service of the officer will be regarded as continuous despite the interruption, but the period of the interruption will not be taken into account in determining the period of the officer's service).\n\t(7)\tThis section does not apply in relation to an interruption in service occurring while an officer of the teaching service is employed in prescribed employment.\n\t(7a)\tFor the purposes of this section, a reference to an officer who was employed as a term employee will be taken to include a reference to—\n\t(a)\ta person employed as a temporary employee under the Education Act 1972 or the Children's Services Act 1985; or\n\t(b)\ta person employed as a casual employee under the Education Act 1972 or the Children's Services Act 1985 who is eligible to accrue long service leave.\nprescribed employment means—\n\t(a)\temployment in the Public Service of the Commonwealth; or\n\t(b)\temployment in the Public Service of this State; or\n\t(c)\temployment in the public sector of this State other than in the Public Service; or\n\t(d)\temployment in the Public Service of any other State or Territory of the Commonwealth; or\n\t(e)\temployment by a university; or\n\t(f)\temployment by TAFE SA under the TAFE SA Act 2025; or\n\t(g)\tany other employment approved by the Chief Executive.\n110A—Special provisions relating to interruption of service of certain term employees\n\t(1)\tThis section applies to an officer of the teaching service where—\n\t(a)\tthe service of the officer was, before the commencement of this section, interrupted other than by resignation or termination for misconduct (whether or not the interruption in service occurred before or after the commencement of this Act); and\n\t(b)\tthe officer was, before the interruption, employed as a term employee; and\n\t(c)\tthe officer was, on or after 1 July 2020, reappointed as an officer of the teaching service; and\n\t(d)\tthe reappointment occurred more than 3 months after the date of the interruption.\n\t(2)\tIn determining whether a reappointment occurred more than 3 months after the date of an interruption, any period of school vacation occurring after the interruption but before the reappointment is to be disregarded.\n\t(3)\tOn the commencement of this section, the following provisions apply in relation to an officer of the teaching service to whom this section applies:\n\t(a)\tsubject to section 110(5), the service of the officer after reappointment will be taken not to be continuous with their service before the interruption;\n\t(b)\tany entitlements in respect of long service leave and skills and experience retention leave accrued or purportedly accrued by the officer—\n\t(i)\ton or after 1 July 2020; but\n\t(ii)\tbefore the commencement of this section,\nare, by force of this section, extinguished;\n\t(c)\tsubject to section 110(5), the entitlements accrued by the officer during the period referred to in paragraph (b) are to be determined on the basis that the officer's appointment after the interruption was a new appointment to the teaching service.\n\t(4)\tTo the extent that a matter relating to the long service leave or skills and experience retention leave of an officer to whom this section applies is not able to be determined under subsection (3), the matter is to be determined in accordance with a determination of the Chief Executive.\n\t(5)\tNothing in this section affects the validity of—\n\t(a)\ta period of long service leave or skills and experience retention leave; or\n\t(b)\ta payment of a monetary amount in lieu of long service leave or skills and experience retention leave,\ntaken or made under this or any other Act before the commencement of this section.\n\t(6)\tThis section has effect despite—\n\t(a)\tany other provision of this Act or a provision of any other Act or law; or\n\t(b)\ta term of a contract, enterprise bargaining agreement, undertaking or other instrument or agreement (however described) that was in force immediately before the commencement of this section.\n\t(7)\tFor the purposes of this section, a reference to an officer who was employed as a term employee will be taken to include a reference to—\n\t(a)\ta person employed as a temporary employee under the Education Act 1972 or the Children's Services Act 1985; or\n\t(b)\ta person employed as a casual employee under the Education Act 1972 or the Children's Services Act 1985 who is eligible to accrue long service leave.\n\t(8)\tTo avoid doubt, a reference to a reappointment of an officer will, in the case of an officer who was originally appointed under a repealed Act or the Children's Services Act 1985, be taken to include an appointment of the officer under this Act following an interruption in service.\n\t(9)\tThe regulations may make provisions of a saving or transitional nature in respect of the operation of this section.\n111—Special provisions relating to certain temporary officers of the teaching service\n\t(1)\tThis section applies to an officer of the teaching service who was, before the commencement of this section, a person to whom section 22A of the Education Act 1972 (as in force immediately before the commencement of this section) applied.\n\t(2)\tTo the extent that the entitlements to long service leave and skills and experience retention leave of an officer of the teaching service to whom this section applies were not conferred under section 22A(2) of the Education Act 1972 (as in force immediately before the commencement of this section), those entitlements are to be determined as if that section (and any regulations under that Act that may be relevant to the determination) had not been repealed or revoked.\n112—Entitlement where officer transferred to other public sector employment\n\t(1)\tIf an officer of the teaching service is transferred to other employment in the public sector of the State, and their service in that employment is continuous with their service as an officer, their service as an officer will be taken into account for the purpose of determining long service leave to which they may be entitled in respect of that other employment.\n\t(2)\tHowever, subsection (1) does not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service.\n\t(3)\tFor the purposes of the Public Sector Act 2009 and any other Act, the question of whether particular service of an officer to whom section 111 applies is continuous service is to be determined in accordance with section 22A of the Education Act 1972 (as in force immediately before the commencement of this section).\n113—Entitlement of persons transferred to the teaching service\n\t(1)\tIf an officer of the teaching service has previously been in prescribed employment and their service in the prescribed employment is continuous with their service as an officer, the long service leave to which the officer is entitled under this Division will be determined on the basis that their service in the prescribed employment is service in the teaching service.\n\t(2)\tHowever, subsection (1) does not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service.\n\t(3)\tFor the purposes of this section, continuity of service is not interrupted by an interval, not exceeding 3 months, between the time that service in the prescribed employment terminated and the time the officer commenced employment in the teaching service.\n\t(4)\tIn determining the period of an interval for the purposes of subsection (3), any period that falls within a period of Government school vacation is to be disregarded.\n\t(5)\tIf there is an interval of more than 3 months between the time that service in the prescribed employment terminated and the commencement of employment in the teaching service, the Chief Executive may, if they are of the opinion that special reasons exist for doing so, declare that that interval will be taken not to disrupt the continuity of service, and the declaration will have effect according to its terms.\n\t(6)\tThis section does not apply to an officer of the teaching service to whom section 111 applies.\n\t(7)\tIn this section—\nprescribed employment means—\n\t(a)\temployment in the Public Service of the Commonwealth; or\n\t(b)\temployment in the Public Service of this State; or\n\t(c)\temployment in the public sector of this State other than in the Public Service; or\n\t(d)\temployment in the Public Service of any other State or Territory of the Commonwealth; or\n\t(e)\temployment by a university; or\n\t(f)\temployment by TAFE SA under the TAFE SA Act 2025; or\n\t(g)\tany other employment approved by the Chief Executive.\nDivision 5—Disciplinary action and management of unsatisfactory performance\n114—Disciplinary action\n\t(1)\tIf the Chief Executive is satisfied that an officer of the teaching service is guilty of misconduct, the Chief Executive may do 1 or more of the following:\n\t(a)\treprimand the officer;\n\t(b)\treduce the remuneration of the officer under section 116;\n\t(c)\tvary the duties of the officer;\n\t(d)\treclassify the officer;\n\t(e)\tremove the entitlement of the officer to an increase in remuneration;\n\t(f)\timpose a fine on the officer not exceeding the amount of 1 week's salary of the officer;\n\t(g)\ttransfer the officer to another position in the teaching service;\n\t(h)\tsuspend an officer of the teaching service from duty without remuneration or accrual of leave rights for a specified period (not exceeding 12 months);\n\t(i)\tterminate the employment of the officer under section 120.\n\t(2)\tTo avoid doubt, action referred to in subsection (1)(c), (d), (e) or (g) may be taken whether or not the action has the effect of reducing the officer's remuneration.\n\t(3)\tA fine imposed on an officer of the teaching service under this section may be deducted from the salary or other remuneration payable to that officer.\n\t(4)\tThe regulations may make further provision in respect of disciplinary action under this section for the purposes of this Act.\n115—Managing unsatisfactory performance\n\t(1)\tIf the Chief Executive is satisfied that the performance of an officer of the teaching service is unsatisfactory, the Chief Executive may do 1 or more of the following:\n\t(a)\treprimand the officer;\n\t(b)\treduce the remuneration of the officer under section 116;\n\t(c)\tvary the duties of the officer;\n\t(d)\treclassify the officer;\n\t(e)\ttransfer the officer to another position in the teaching service;\n\t(f)\tterminate the employment of the officer under section 120.\n\t(2)\tTo avoid doubt, action referred to in subsection (1)(c), (d) or (e) may be taken whether or not the action has the effect of reducing the officer's remuneration.\n\t(3)\tThe regulations may make further provision in respect of managing unsatisfactory performance under this section for the purposes of this Act.\n116—Reduction in remuneration level\n\t(1)\tThe Chief Executive may reduce the remuneration level of an officer of the teaching service without the officer's consent on any of the following grounds:\n\t(a)\tthe officer is excess to the requirements of the teaching service at the higher remuneration level;\n\t(b)\tthe officer is physically or mentally incapable of satisfactorily performing the duties required at the higher remuneration level;\n\t(c)\tmisconduct;\n\t(d)\tunsatisfactory performance;\n\t(e)\tthe lack of an essential qualification in respect of the higher remuneration level.\n\t(2)\tHowever, the Chief Executive must not reduce an officer's remuneration level under subsection (1)(a) or (b) unless the Chief Executive has taken reasonable steps, but has failed, to find other suitable duties in the Department or other employment in the public sector of the State to which the officer might be assigned or transferred on conditions that maintain the officer's substantive remuneration level.\n\t(3)\tIf the remuneration level of an officer of the teaching service is reduced under subsection (1)(a), the officer is entitled to supplementation of their remuneration in accordance with the relevant provisions of an award or enterprise agreement or, if there is no award or enterprise agreement covering the matter, in accordance with a scheme prescribed by the regulations.\n\t(4)\tWithout limiting the generality of subsection (1), the Chief Executive may, in reducing the remuneration level of an officer of the teaching service under this section, reduce the remuneration level—\n\t(a)\tto a remuneration level contained within a different classification structure; and\n\t(b)\tas a preliminary step to assigning or transferring the officer to other duties in the teaching service or to other employment in the public sector of the State.\n117—Suspension\n\t(1)\tIf the Chief Executive is satisfied that the nature or circumstances of any matter alleged against an officer of the teaching service are such that the officer should not continue in the performance of their duties, the Chief Executive may suspend the officer.\n\t(2)\tTo avoid doubt, subsection (1) applies whether the matter alleged is a disciplinary matter or a matter relating to unsatisfactory performance.\n\t(3)\tA suspension under subsection (1) may be made whether or not the officer has been charged with an offence.\n\t(4)\tUnless the Chief Executive directs otherwise, an officer suspended under this section is entitled to their salary in respect of the period of suspension.\n\t(5)\tIf a direction has been given under subsection (4), but the matter alleged against the suspended officer is not proved, the officer is entitled to receive the salary to which they would have been entitled had the direction not been so given.\n\t(6)\tThe Chief Executive may revoke a suspension at any time.\nDivision 6—Physical or mental incapacity of officers of the teaching service\n118—Physical or mental incapacity of officers of the teaching service\n\t(1)\tIf—\n\t(a)\tan officer of the teaching service is not performing their duties satisfactorily; and\n\t(b)\tit appears to the Chief Executive that the officer's unsatisfactory performance may be caused by physical or mental incapacity,\nthe Chief Executive may require the officer to undergo a medical examination by a medical practitioner selected by the officer from a panel of medical practitioners nominated by the Chief Executive.\n\t(2)\tIf an officer of the teaching service refuses or fails, without reasonable excuse, to submit to a medical examination as required under subsection (1), the Chief Executive may suspend the officer from duty (without remuneration and accrual of leave rights) until the officer submits to a medical examination as required by the Chief Executive.\n\t(3)\tThe Chief Executive must—\n\t(a)\tprovide a copy of any report on the results of a medical examination required under this section to the officer concerned; and\n\t(b)\tbefore taking any action on the basis of the report, allow the officer a period of not less than 14 days from the date the report is provided to the officer to provide to the Chief Executive any other medical reports obtained by the officer relating to their physical or mental condition.\n\t(4)\tIf the Chief Executive is satisfied that an officer of the teaching service is, by reason of their physical or mental condition, incapable of satisfactorily performing the officer's duties, the Chief Executive may do 1 or more of the following:\n\t(a)\ttransfer the officer to some other position in the teaching service;\n\t(b)\tvary the officer's duties and assign an appropriate classification to the officer;\n\t(c)\tdetermine to take steps to transfer the officer to some other employment in the public sector of the State;\n\t(d)\tgrant the officer leave of absence (without remuneration) from the teaching service.\n\t(5)\tThe Chief Executive must, before taking action under subsection (4), be satisfied that a transfer or variation of duties without reduction of remuneration is not reasonably practicable in the circumstances.\n\t(6)\tThis section is in addition to, and does not derogate from, section 120(3).\n","sortOrder":20},{"sectionNumber":"Div 7","sectionType":"division","heading":"Resignation and termination","content":"Division 7—Resignation and termination\n119—Resignation\n\t(1)\tAn officer of the teaching service may resign from employment by not less than 14 days notice in writing to the Chief Executive (unless notice of a shorter period is accepted by the Chief Executive).\n\t(2)\tIf an officer of the teaching service—\n\t(a)\tis absent, without authority, from their employment for a period of 10 working days; and\n\t(b)\tgives no proper written explanation or excuse for the absence to the Chief Executive before the end of that period,\nthe officer will, if the Chief Executive so determines, be taken to have resigned from their employment.\n120—Termination\n\t(1)\tIf the Chief Executive is satisfied that—\n\t(a)\tthe volume of work in any section of the teaching service has diminished; and\n\t(b)\ta reduction in staff of the teaching service has consequently become necessary or appropriate; and\n\t(c)\tthe employment of a specified officer of the teaching service should be terminated for that purpose,\nthe Chief Executive may terminate the employment of that officer as from the date determined by the Chief Executive.\n\t(2)\tAn officer of the teaching service whose employment is terminated under subsection (1) is entitled to receive—\n\t(a)\tat least 12 weeks' notice in writing prior to the date of termination; or\n\t(b)\tif the notice is less than 12 weeks, a sum equal to the officer's salary for the period by which the notice falls short of 12 weeks.\n\t(3)\tThe Chief Executive may terminate the employment of an officer of the teaching service on any of the following grounds:\n\t(a)\tthe officer is excess to the requirements of the teaching service;\n\t(b)\tthe officer is physically or mentally incapable of performing duties satisfactorily;\n\t(c)\tmisconduct;\n\t(d)\tunsatisfactory performance;\n\t(e)\tthe officer's lack of an essential qualification;\n\t(f)\tthe officer is not a registered teacher within the meaning of the Teachers Registration and Standards Act 2004;\n\t(g)\tthe officer is a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016.\n\t(4)\tHowever, the employment of an officer of the teaching service may not be terminated under subsection (3)(a) or (b) unless the Chief Executive has taken reasonable steps to find other suitable duties in the public sector of the State to which the officer might be assigned or transferred on conditions that maintain the officer's substantive remuneration level.\n","sortOrder":21},{"sectionNumber":"Part 10","sectionType":"part","heading":"Other employment and staffing arrangements","content":"Part 10—Other employment and staffing arrangements\n121—Chief Executive may employ other persons for purposes of Act\n\t(1)\tThe Chief Executive may employ such other persons (in addition to the employees and officers of the Department and officers of the teaching service) as the Chief Executive thinks necessary or appropriate for the purposes of this Act.\n\t(2)\tTo avoid doubt, a person may be employed under this section to provide health, social or other non-education services in relation to schools, preschools or children's services centres.\n122—Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part\n\t(1)\tPursuant to section 41(2) of the Public Sector Act 2009, Part 7 of that Act (as modified by the following provisions) applies to a person employed under section 121:\n\t(a)\tsection 45(3) of that Act does not apply in relation to the employee;\n\t(b)\tPart 7 Division 2 of that Act does not apply in relation to an employee employed under an executive employment contract entered into before the day on which this section commences;\n\t(c)\ta grievance about an employment decision made before 1 July 2016 is to be heard and determined, or to continue to be heard and determined, in accordance with any policies and procedures established by the Department for Education and Child Development for the purpose of dealing with such grievances, as in force when the employment decision was made.\n\t(2)\tThe regulations may make further modification to Part 7 of the Public Sector Act 2009 as it applies to a person employed under section 121.\n\t(3)\tSchedule 1 of the Public Sector Act 2009 applies to a person employed under section 121.\n\t(4)\tHowever, this section does not apply in relation to the following employees:\n\t(a)\tan employee employed in duties that are classified in a classification contained in the Pre-School (Kindergarten) Teaching Staff Award (or any award made in substitution for that award);\n\t(b)\tan employee employed in duties as an hourly paid instructor or a swimming and aquatics instructor as classified in a classification contained in the Teachers DECS Award or the SA School and Preschool Education Staff Enterprise Agreement 2012 (or any award or enterprise agreement made in substitution for that award or enterprise agreement);\n\t(c)\tany other employee declared by the regulations to be included within the ambit of this subsection.\n123—Use of staff etc of administrative units of the Public Service\nThe Chief Executive may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n","sortOrder":22},{"sectionNumber":"Part 11","sectionType":"part","heading":"Appeals","content":"Part 11—Appeals\nDivision 1—Review by South Australian Employment Tribunal\n124—Review by SAET of certain decisions and determinations\n\t(1)\tSubject to this section, an officer of the teaching service who is aggrieved with a decision or determination of the Chief Executive under Part 9 (other than a decision or determination of a kind prescribed by the regulations) may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision or determination.\n\t(2)\tAn application for review must be made within—\n\t(a)\tin the case of a review of a decision or determination relating to an application under section 105—30 days; or\n\t(b)\tin any other case—14 days,\nafter receiving notice of the decision or determination (or such longer period as SAET may allow).\n\t(3)\tFor the purposes of section 18A of the South Australian Employment Tribunal Act 2014, there will be the following panels of supplementary panel members:\n\t(a)\ta panel of employees in the Department appointed by the Governor on the nomination of the Minister;\n\t(b)\ta panel of officers of the teaching service appointed by the Governor on the nomination of the Australian Education Union made after elections have been held in accordance with the regulations.\n\t(4)\tIn exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings under this Act related to an application for review by an officer of the teaching service, SAET will, if the President of SAET so determines, sit with—\n\t(a)\t1 supplementary panel member from the panel referred to in subsection (3)(a); and\n\t(b)\t1 supplementary panel member from the panel referred to in subsection (3)(b).\n\t(5)\tA decision of SAET in a review of a decision or determination of the Chief Executive on an application under section 105 may not be the subject of an application for review or an appeal under Part 5 of the South Australian Employment Tribunal Act 2014.\n\t(6)\tA person may not make an application to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for review of a decision of the Chief Executive on an application by the person under section 106 unless—\n\t(a)\tthe person made the application to a committee established under section 106(2)(b); and\n\t(b)\tthe committee made a provisional recommendation to the Chief Executive that the person be appointed to the vacant position; and\n\t(c)\tthe Chief executive declined to make the appointment in accordance with that recommendation.\n\t(7)\tIn addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for a review of a decision or determination resulting in the termination of an officer of the teaching service under Part 9 Division 7, revoke the decision or determination and order that the officer be reinstated in the teaching service.\nDivision 2—Appeals to Administrative and Disciplinary Division of the District Court\n125—Appeal against certain actions of Minister or Chief Executive\n\t(1)\tA person who is aggrieved by a prescribed action of the Minister or the Chief Executive may appeal to the Administrative and Disciplinary Division of the District Court against the prescribed action.\n\t(2)\tSubject to this section, an appeal must be instituted within 1 month of the prescribed action.\n\t(3)\tThe Minister or the Chief Executive (as the case requires) must, if required by the appellant, state in writing the reasons for the prescribed action.\n\t(4)\tIf the reasons of the Minister or the Chief Executive (as the case requires) are not given to the appellant, in writing, at the time of taking the prescribed action and the appellant (within 1 month of the making of the decision) requires the Minister or Chief Executive to state the reasons in writing, the time for instituting the appeal runs from the time at which the appellant receives the written statement of those reasons.\nprescribed action means—\n\t(a)\ta direction under section 22(3); or\n\t(b)\ta direction under section 40(3); or\n\t(c)\ta direction under section 62 or 63 that a child be enrolled at a specified school; or\n\t(d)\tany other action of a kind prescribed by the regulations for the purposes of this definition,\nbut does not include a decision or determination that may be reviewed by SAET under Division 1 or any other action of a kind declared by the regulations to be excluded from the ambit of this definition.\n","sortOrder":23},{"sectionNumber":"Part 12","sectionType":"part","heading":"Authorised officers","content":"Part 12—Authorised officers\n126—Authorised officers\n\t(1)\tThe following persons are authorised officers for the purposes of this Act:\n\t(a)\tthe Chief Executive;\n\t(b)\tpolice officers;\n\t(c)\temployees of the Department authorised by the Chief Executive as an authorised officer.\n\t(2)\tAn authorisation under subsection (1)(c) may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tAn authorised officer referred to in subsection (1)(c) must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act.\n\t(4)\tIf the powers of an authorised officer referred to in subsection (1)(c) have been limited by conditions, the identity card issued to the officer must indicate those limitations.\n\t(5)\tAn authorised officer (other than a police officer in uniform) must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority.\n\t(6)\tThe Chief Executive may, by notice in writing, vary or revoke the authorisation, or a condition or limitation of the authorisation, of an authorised officer referred to in subsection (1)(c) on any grounds the Chief Executive thinks fit.\n127—Powers of authorised officers\n\t(1)\tIf an authorised officer observes a person in a public place who appears to the officer to be a child of compulsory school age or a child of compulsory education age at a time when such a child should normally be attending school or participating in an approved learning program (as the case requires), the officer may require the child to provide—\n\t(a)\ttheir name, address and age; and\n\t(b)\tdetails of the school or approved learning program (if any) in which they are enrolled; and\n\t(c)\tthe reason for their non‑attendance at school or non‑participation in an approved learning program.\n\t(2)\tIf a child referred to in subsection (1) is in the company of a person apparently over the age of 18 years, the authorised officer may require that person to provide the authorised officer with the information referred to in that subsection.\n\t(3)\tIf an authorised officer who is a police officer is of the opinion that a child referred to in subsection (1) does not have a proper reason for being absent from school or for not participating in an approved learning program (as the case requires), the authorised officer may take the child into custody and return the child—\n\t(a)\tto a person in authority at the school or approved learning program in which the child is enrolled; or\n\t(b)\tto a person responsible for the child.\n\t(4)\tAn authorised officer may at any time attend at residential premises and require any person in the premises to provide the officer with—\n\t(a)\tthe full name of each child of compulsory school age and compulsory education age who resides in the premises; and\n\t(b)\tthe age of each such child; and\n\t(c)\tthe school or approved learning program (if any) in which each such child is enrolled.\n128—Offence to hinder etc authorised officers\nA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twhen required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(d)\tfalsely represents, by words or conduct, that they are an authorised officer,\nis guilty of an offence.\n","sortOrder":24},{"sectionNumber":"Part 13","sectionType":"part","heading":"Financial provisions","content":"Part 13—Financial provisions\nDivision 1—Materials and services charges for schools\n129—Materials and services charges for schools\n\t(1)\tA school may impose materials and services charges in respect of each student enrolled in the school for the whole or part of a calendar year.\n\t(1a)\tA materials and services charge may consist of 1 or both of the following:\n\t(a)\tan amount that must be paid and is recoverable under this section (the compulsory component);\n\t(b)\tan amount consisting of a voluntary contribution towards materials and services to be provided to or for the student (the voluntary component).\n\t(2)\tThe following provisions apply in relation to materials and services charges imposed, or proposed to be imposed, by a school under this section:\n\t(a)\ta materials and services charge must relate to a course of instruction in primary or secondary education provided at the school in accordance with the curriculum determined by the Chief Executive for the purposes of this Act;\n\t(b)\tthe school must not impose a materials and services charge to recover the salaries or material costs of teachers, or the provision of school buildings or fittings;\n\t(c)\tthe school must not impose a materials and services charge where the compulsory component exceeds the prescribed amount unless—\n\t(i)\tall persons who, in the opinion of the governing council, would be liable for the materials and services charge have been given an opportunity to participate in a poll on the matter conducted in accordance with the regulations; and\n\t(ii)\ta majority of the votes cast in the poll indicate support for the proposed materials and services charge; and\n\t(iii)\tthe Chief Executive has approved the proposed materials and services charge;\n\t(d)\tthe school may impose different materials and services charges according to the year level of a student, the course of instruction for which a student is enrolled or any other factor;\n\t(e)\tmaterials and services charges may be imposed from time to time throughout the calendar year;\n\t(f)\tthe principal of the school must, in accordance with any requirement set out in the regulations, disclose to the governing council of the school the bases on which materials and services charges are proposed to be fixed;\n\t(g)\tthe amount of any proposed materials and services charge must be approved by the governing council of the school before it can be imposed;\n\t(h)\ta student, and each person who is responsible for the student, must be given written notice of a materials and services charge payable in respect of the student in accordance with the requirements set out in the regulations.\n\t(3)\tA student must not be refused materials or services considered necessary for curricular activities that form part of the core of activities in which students are required to participate by reason of non-payment of a materials and services charge.\n\t(4)\tLiability for the compulsory component of a materials and services charge is to be determined as follows:\n\t(a)\tin the case of a student who is not an adult—each person who is responsible for the student is jointly and severally liable for the charge;\n\t(b)\tin the case of an adult student—\n\t(i)\tif the student is a dependant of a person who is responsible for the student—the student and the person who is responsible for the student are jointly and severally liable for the charge; or\n\t(ii)\tin any other case—the student is liable for the charge.\n\t(5)\tSubject to the regulations, the compulsory component of a materials and services charge is recoverable as a debt due to the governing council of the school.\n\t(6)\tSubject to any directions of the Chief Executive, the principal of a school may wholly or partly waive, reduce or refund a materials and services charge, or allow a materials and services charge to be paid by instalments.\n\t(7)\tThe Chief Executive must, at the request of a governing council of a school, make services available (without cost) to the governing council for the recovery of outstanding materials and services charges.\nperson who is responsible for the student does not include a person standing in loco parentis to the student.\nDivision 2—Other fees and charges\n130—Charges for certain overseas and non-resident students etc\n\t(1)\tThe Chief Executive may, by notice in the Gazette, fix charges payable by—\n\t(a)\tfull fee paying overseas students; and\n\t(b)\tstudents enrolled in schools who are not resident in the State; and\n\t(c)\tchildren enrolled in schools who are dependants of a person who is the subject of a visa issued under the Migration Act 1958 of the Commonwealth of a kind prescribed by the regulations for the purposes of this subsection.\n\t(2)\tDifferent charges may be fixed according to the school in which the student is, or is to be, enrolled, the year level or age of the child or any other relevant factor.\n\t(3)\tLiability for charges fixed under this section is to be determined as follows:\n\t(a)\tin the case of a child—each person who is responsible for the child is jointly and severally liable for the charge;\n\t(b)\tin the case of an adult student—\n\t(i)\tif the student is a dependant of a person who is responsible for the student—the student and the person who is responsible for the student are jointly and severally liable for the charge; or\n\t(ii)\tin any other case—the student is liable for the charge.\n\t(4)\tThe Chief Executive may wholly or partly waive, reduce or refund a charge under this section, allow a charge to be paid by instalments or require a person to give security for payment of a charge.\n\t(5)\tA charge fixed under this section is recoverable as a debt due to the Minister.\n\t(6)\tIn this section—\nfull fee paying overseas student—a student will be taken to be a full fee paying overseas student if—\n\t(a)\tthe student holds a temporary visa in force under the Migration Act 1958 of the Commonwealth; and\n\t(b)\tthe Commonwealth and the State disregard the student (or a class of students to which that student belongs) when calculating the amount of any assistance to the school in which the student is enrolled;\nstudent includes a prospective student.\n131—Certain other charges etc unaffected\nNothing in this Act prevents—\n\t(a)\tcharges being made in connection with—\n\t(i)\tcourses of instruction other than those provided in accordance with the curriculum determined by the Chief Executive for the purposes of this Act; or\n\t(ii)\textra-curricular activities; or\n\t(b)\tcharges being made in connection with courses of instruction or activities undertaken by adults other than as students enrolled in a course of secondary education; or\n\t(c)\tcharges being made to the governing authority of a non-Government school in respect of students of the non-Government school undertaking courses of instruction provided by a Government school; or\n\t(d)\tthe Chief Executive, or the principal or governing council of a Government school, inviting or receiving voluntary payments from persons responsible for students, students or others for the purposes of the school.\nDivision 3—Recovery of amounts payable to the Commonwealth\n132—Recovery of amounts payable to the Commonwealth\n\t(1)\tThis section applies if a determination is made under section 110(1)(a) of the Australian Education Act 2013 of the Commonwealth that the State pay a specified amount to the Commonwealth as a result of—\n\t(a)\tnon-compliance or a breach by a prescribed entity to which the State paid an amount of financial assistance in accordance with that Act; or\n\t(b)\ta payment referred to in section 109(1), (2), (3)(a) or (4) of that Act (being an amount paid to the State for payment to a prescribed entity in accordance with that Act).\n\t(2)\tThe State is taken to have made an arrangement with a prescribed entity that the amount determined under section 110(1)(a) of the Australian Education Act 2013 of the Commonwealth—\n\t(a)\tis a debt due by the prescribed entity to the State; and\n\t(b)\tmay be recovered by the State in a court of competent jurisdiction.\n\t(3)\tThe State may assign to the Commonwealth the right to recover a debt mentioned in subsection (2).\n\t(4)\tIn this section—\nprescribed entity means—\n\t(a)\tan approved authority; or\n\t(b)\ta block grant authority; or\n\t(c)\ta non-government representative body,\nall within the meaning of the Australian Education Act 2013 of the Commonwealth.\n","sortOrder":25},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"Part 14—Miscellaneous\n133—Exemptions\n\t(1)\tThe Minister may, by notice in writing, exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of this Act.\n\t(2)\tAn exemption may be conditional or unconditional.\n\t(3)\tThe Minister may, by notice in writing, vary or revoke an exemption for any reason the Minister thinks fit.\n\t(4)\tA person must not contravene or fail to comply with a condition of an exemption.\n134—Use of certain school premises etc for both school and community purposes\nThe Minister may, if of the opinion that it is expedient to do so—\n\t(a)\tpermit the land, buildings or facilities of a Government school or Government preschool, or a children's services centre, to be used for community purposes on conditions determined by the Minister;\n\t(b)\tprovide assistance to community bodies (whether by the making of grants or loans or otherwise) on conditions that secure for Government schools a right to make use of the land, buildings or facilities of the community bodies.\n135—Proceedings for offences\n\t(1)\tProceedings for an offence against this Act may only be commenced—\n\t(a)\tby the Chief Executive, or by a person authorised by the Chief Executive; and\n\t(b)\twith the written consent of the Minister.\n\t(2)\tIn any proceedings for an offence against this Act, a document apparently signed by the Minister and certifying that the Minister consented to the proceedings must be accepted as proof of that consent in the absence of evidence to the contrary.\n136—Commencement of prosecution for offence against Act\n\t(1)\tProceedings for an offence against this Act must be commenced within 2 years of the date on which the offence is alleged to have been committed.\n\t(2)\tSection 52(1)(a) of the Criminal Procedure Act 1921 does not apply to proceedings for an offence against this Act.\n137—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\tas required or authorised by an order of a court or tribunal; or\n\t(c)\twith the consent of—\n\t(i)\tin the case of information that relates to a child—a person responsible for the child to whom it relates; or\n\t(ii)\tin any other case—the person to whom the information relates; or\n\t(d)\tin connection with the administration or enforcement of this or any other Act; or\n\t(e)\tfor the purposes of referring the matter to a law enforcement agency; or\n\t(f)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(g)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person; or\n\t(h)\tif the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person or persons.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure,\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information for the purposes of this Act.\n138—Protections, privileges and immunities\n\t(2)\tNo civil liability attaches to—\n\t(a)\ta member or former member of a governing council; or\n\t(b)\ta member or former member of a committee established by a governing council; or\n\t(c)\ta member or former member of an affiliated committee,\nfor an act or omission done in good faith in the exercise or discharge, or purported exercise or discharge, of a power or function of the council or committee (as the case requires).\n\t(3)\tA liability that would, but for subsection (2), lie against a person, lies instead against the Crown.\n\t(4)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity.\n\t(5)\tA person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.\n139—Evidentiary provisions\n\t(1)\tIn any proceedings under this Act, a document apparently signed by the principal of a school or head of an approved learning program and certifying that a specified child did, or did not, attend the school or participate in the approved learning program on the days, or during the period, specified in the document must be accepted as proof of the matter so certified in the absence of evidence to the contrary.\n\t(2)\tIn any proceedings under this Act, a document apparently signed by the Chief Executive and certifying that—\n\t(a)\ta specified person is a person who is responsible for a child named in the document; or\n\t(b)\ta specified child is of, above or below a specified age; or\n\t(c)\tat a specified time, a specified child was, or was not, enrolled in a specified school or approved learning program; or\n\t(d)\ta specified person is, or was at a specified time, the principal of a specified school; or\n\t(e)\ta specified person is, or was at a specified time, the head of a specified approved learning program; or\n\t(f)\ta specified person is, or was at a specified time, the director of a stand‑alone preschool or children's services centre; or\n\t(g)\ta specified person is, or was at a specified time, an officer of the teaching service; or\n\t(h)\tinstruction was provided at a specified time for a specified child at a specified school; or\n\t(i)\ta specified person is, or was at a specified time, an authorised officer; or\n\t(j)\ta specified person is, or was at a specified time, a prescribed person in respect of specified premises; or\n\t(k)\ta specified person is, or was at a specified time, an authorised person in respect of specified premises,\nmust be accepted as proof of the matter so certified in the absence of evidence to the contrary.\n\t(3)\tIn any proceedings under this Act, a document apparently signed by the Registrar and certifying that—\n\t(a)\ta working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or\n\t(b)\ta prohibition notice had, or had not, been issued to a specified person; or\n\t(c)\ta specified person had, or had not, been issued with a specified unique identifier,\nmust be accepted as proof of the matter so certified in the absence of evidence to the contrary.\n\t(4)\tIn any legal proceedings, a document apparently signed by the Chief Executive and certifying that a specified amount of an amount payable under this Act by a specified person is outstanding at a specified date must be accepted as proof of the matter so certified in the absence of evidence to the contrary.\nprohibition notice, Registrar and unique identifier have the same meanings as in the Child Safety (Prohibited Persons) Act 2016.\n140—Service\nExcept where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n141—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for the following:\n\t(a)\tthe exemption of a person or body, or a class of persons or bodies, from the operation of a specified provision or provisions of this Act;\n\t(b)\tthe maintenance and control of Government schools, Government preschools or children's services centres and the management of all land, buildings and equipment used in connection with such schools, preschools or centres;\n\t(c)\tthe provision of residences for teachers and boarding accommodation to be used in connection with Government schools, Government preschools or children's services centres;\n\t(d)\tthe provision of religious and cultural activities in Government schools, Government preschools or children's services centres;\n\t(e)\tthe employment (including terms and conditions of employment) of officers of the teaching service and other persons employed under this Act;\n\t(ea)\tprovisions relating to interruptions of service of officers of the teaching service (including provisions reducing or increasing a period of interruption referred to in section 110 or 110A within which an officer's service will be taken to be continuous on reappointment);\n\t(f)\tthe exchange of principals, and other officers of the teaching service, between jurisdictions and the conferral of temporary rights on principals and teachers from other jurisdictions to teach in this State;\n\t(g)\tthe conferral of a right on an officer of the teaching service to apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of administrative acts, or decisions or determinations, affecting the officer of a kind or class prescribed by the regulations;\n\t(h)\tthe courses of instruction to be provided in Government schools, Government preschools or children's services centres;\n\t(ha)\tthe education, care, development, recreation, health or welfare of students outside of school hours;\n\t(i)\tthe provision of stationery, books and other materials or services to, or for the benefit of, students at Government schools, and children at Government preschools and children's services centres;\n\t(j)\tthe provision of grants to schools, preschools or children's services centres and the conditions applicable to those grants;\n\t(k)\tthe enrolment of students;\n\t(l)\tthe establishment of scholarships and the provision of allowances to students;\n\t(m)\tthe hours during which instruction is to be provided at Government schools (including school vacations);\n\t(n)\tthe method to be adopted in teaching in Government schools, Government preschools or children's services centres;\n\t(o)\tthe forms of discipline to be observed and enforced in Government schools, Government preschools or children's services centres (including limiting or prohibiting specified forms of discipline);\n\t(p)\tthe transport of students and children to and from Government schools, Government preschools and children's services centres and the payment of the costs of transport;\n\t(q)\tthe use by the public of the buildings, land and equipment of Government schools, Government preschools or children's services centres;\n\t(r)\tthe prohibition of access to the grounds of Government schools, Government preschools or children's services centres;\n\t(s)\tthe regulation of the use of vehicles on the grounds of Government schools, Government preschools or children's services centres;\n\t(t)\tthe operation of governing councils or affiliated committees;\n\t(u)\tthe collection, recording and collation of information relating to the operation of this Act;\n\t(v)\tthe provision of information to the Minister or Chief Executive relating to the operation of this Act;\n\t(w)\tfees and charges in respect of any matter under this Act and their payment, remission, recovery or waiver;\n\t(x)\tfines, not exceeding $5 000, for offences against the regulations;\n\t(y)\texpiation fees, not exceeding $750, for offences against this Act or the regulations (other than an offence against Subdivision 1 or Subdivision 3 of Part 7 Division 2 of this Act);\n\t(z)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent upon the enactment of this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Executive or any other specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tA provision of a regulation made under subsection (3)(c) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(6)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":26},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions etc","content":"Schedule 1—Transitional provisions etc\nPart 13—Transitional and other provisions\n18—Continuation of schools established etc under Education Act 1972\n\t(1)\tA school established or continued under the Education Act 1972 continues in existence and will, for the purposes of this and any other Act, be taken to be a school established under this Act.\n\t(2)\tNothing in subclause (1) affects the registration of a school under the Education and Early Childhood Services (Registration and Standards) Act 2011.\n19—Continuation of school councils\n\t(1)\tSubject to this clause, a school council for a Government school in existence immediately before the commencement of Part 3 of this Schedule continues in existence as the governing council for the school and will, for the purposes of this and any other Act, be taken to be a governing council established under section 34 of this Act.\n\t(2)\tThe constitution (as in force immediately before the commencement of this clause) of a governing council continued under this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a constitution adopted under this Act.\n20—Continuation of affiliated committees\n\t(1)\tAn affiliated committee in respect of a school council in existence immediately before the commencement of Part 3 of this Schedule will continue in existence as an affiliated committee in respect of the governing council for the relevant school and will, for the purposes of this Act, be taken to be an affiliated committee established under section 36 of this Act.\n\t(2)\tThe constitution (as in force immediately before the commencement of this clause) of an affiliated committee continued under this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a constitution adopted under this Act.\n21—Classification of officers etc under section 15A of Education Act 1972 to continue\n\t(1)\tThe fixing of duties and titles of officers and positions in the teaching service by the Director-General under section 15A of the Education Act 1972 will continue according to their terms and will, for the purposes of this Act, be taken to have been so fixed by the Chief Executive under section 104 of this Act.\n\t(2)\tClassifications of officers and positions in the teaching service by the Director-General under section 15A of the Education Act 1972 will continue according to their terms and will, for the purposes of this and any other Act, be taken to have been so classified by the Chief Executive under section 104 of this Act (and any condition imposed by the Director-General on a classification under section 15A(c) of the Education Act 1972 will be taken to continue to apply to the classification as continued according to its terms).\n22—Designation of principals\nSubject to this Act, the designation of a person as the head teacher of a school by the Director-General, or by the governing authority of a non-Government school, (as the case requires) as the head teacher under the Education Act 1972 and in force immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be a designation under the relevant paragraph of the definition of principal in section 3 of this Act.\n23—Continuation of appointments of officers of the teaching service\n\t(1)\tSubject to this Act, an appointment of a person as an officer of the teaching service by the employing authority under section 15 of the Education Act 1972 will continue and will, for the purposes of this and any other Act, be taken to be an appointment under section 97 of this Act.\n\t(2)\tSubject to this Act, any service of an officer of the teaching service while appointed as an officer of the teaching service under section 15 of the Education Act 1972 will be taken to be service in the teaching service under this Act.\n\t(3)\tSubject to this Act, an appointment by the employing authority under section 15B of the Education Act 1972 of an officer of the teaching service to a position classified at a promotional level will continue and will, for the purposes of this and any other Act, be taken to be an appointment by the Chief Executive under section 106 of this Act.\n\t(4)\tThe terms and conditions applying to an appointment continued under this clause immediately before the commencement of this clause will continue to apply to the appointment as continued and will, for the purposes of this Act, be taken to have been imposed by the Chief Executive under section 97 or 106 of this Act (as the case requires).\n\t(5)\tThe operation of a preceding subclause—\n\t(a)\tdoes not affect an employee's remuneration or other entitlements; and\n\t(b)\tdoes not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of this clause; and\n\t(e)\tcannot involve a reduction in an employee's status.\n\t(6)\tThe operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment.\n24—Continuation of other appointments under section 101B of Education Act 1972\n\t(1)\tThe employment of a person who was, immediately before the commencement of this clause, employed under section 101B of the Education Act 1972 will continue and that person will, for the purposes of this and any other Act, be taken to have been employed under section 121 of this Act.\n\t(2)\tThe operation of subclause (1)—\n\t(a)\tdoes not affect the employee's remuneration or other entitlements; and\n\t(b)\tdoes not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of that subclause; and\n\t(e)\tcannot involve a reduction in the employee's status.\n\t(3)\tSubject to this Act, the employment of a person continued under this clause will be taken to be subject to the same conditions applicable to the person's employment immediately before the commencement of this clause.\n\t(4)\tThe operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment.\n25—Continuation of staff appointed under section 12 of Children's Services Act 1985\n\t(1)\tThe employment of a person who was, immediately before the commencement of this clause, employed under section 12 of the Children's Services Act 1985 will continue as follows:\n\t(a)\ta person employed under that section as a preschool teacher or preschool director will continue and that person will, for the purposes of this and any other Act, be taken to be an officer of the teaching service appointed under this Act;\n\t(b)\ta person employed as an early childhood worker will continue and that person will, for the purposes of this and any other Act, be taken to have been employed under section 121 of this Act.\n\t(2)\tThe operation of subclause (1)—\n\t(a)\tdoes not affect the employee's remuneration or other entitlements; and\n\t(b)\tdoes not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of that subclause; and\n\t(e)\tcannot involve a reduction in the employee's status.\n\t(3)\tSubject to this Act, the employment of a person continued under this clause will be taken to be subject to the same conditions applicable to the person's employment immediately before the commencement of this clause.\n\t(4)\tThe operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment.\n26—Continuation of curriculum\nA curriculum determined by the Director‑General under section 82 of the Education Act 1972 and in force immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this and any other Act, be taken to be a curriculum determined by the Chief Executive under this Act.\n27—Continuation of enrolments\n\t(1)\tThe enrolment of a child at a children's services centre under the Children's Services Act 1985 in effect immediately before the commencement of this clause will continue in accordance with its terms in respect of the relevant preschool or children's services centre under this Act.\n\t(2)\tThe enrolment of a student at a school under the Education Act 1972 in effect immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be an enrolment under section 60 of this Act.\n\t(3)\tThe enrolment of a student in an approved learning program under the Education Act 1972 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this and any other Act, be taken to be an enrolment under section 61 of this Act.\n28—Suspensions, exclusions and expulsions of students to continue\nThe suspension, exclusion or expulsion of a student under a provision of Part 4 Division 6 of the Education Regulations 2012 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a suspension, exclusion or expulsion of the student (as the case requires) under the corresponding provision of Part 7 Division 3 of this Act.\n29—Prohibition notices\n\t(1)\tA prohibition notice issued under regulation 10 of the Education Regulations 2012 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a barring notice issued under section 93 of this Act.\n\t(2)\tA right to make an application for review by the Minister of a prohibition notice under regulation 11 of the Education Regulations 2012 in existence immediately before the commencement of this clause (but not exercised before that commencement), will be exercised as if section 94 of this Act had been in operation before that right arose, so that an application for review may be made instead under that section.\n\t(3)\tNothing in this clause affects any proceedings under regulation 11 of the Education Regulations 2012 commenced before the commencement of this clause.\n30—Exemptions under section 81A of Education Act 1972 to continue\n\t(1)\tAn exemption granted by the Minister under section 81A of the Education Act 1972 in force immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be an exemption granted by the Minister under section 133 of this Act.\n\t(2)\tSubject to this Act, an exemption continued under this clause will be taken to be subject to the same conditions applicable to the exemption immediately before the commencement of this clause.\n31—Continuation of advisory committees\nThe appointment of an advisory committee under section 10 of the Education Act 1972 before the commencement of Part 3 of this Schedule will continue in accordance with its terms and will, for the purposes of this Act, be taken to be an appointment under section 11 of this Act.\n33—Authorisation of authorised officers to continue\nThe authorisation of a person (being a person who is an employee of the Department) as an authorised officer under section 80 of the Education Act 1972 in force immediately before the commencement of this clause continues in force and the person will, for the purposes of this and any other Act, be taken to be an officer authorised under section 126(1)(c) of this Act.\n34—Recovery etc of outstanding fees and charges\n\t(1)\tA materials and services charge payable under section 106A of the Education Act 1972 that remains unpaid immediately before the commencement of this clause will be taken to be a charge of the relevant kind under section 129 of this Act and may be recovered under that section accordingly.\n\t(2)\tA charge payable under section 106B of the Education Act 1972 that remains unpaid immediately before the commencement of this clause will be taken to be a charge of the relevant kind under section 130 of this Act and may be recovered under that section accordingly.\n35—Continuation of arrangements under section 102A\nFor the purposes of this Act, an arrangement (however described) under section 102A of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will be taken to be an arrangement under section 134 of this Act.\n36—Continuation of administrative instructions\nAn administrative instruction issued by the Minister under section 96 of the Education Act 1972 and in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be an administrative instruction issued by the Chief Executive under section 9 of this Act.\n37—Continuation of delegations under Education Act 1972\n\t(1)\tA delegation of a function or power of the Minister under section 8 of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be—\n\t(a)\tif the corresponding function or power is, under this Act, a function or power of the Minister—a delegation of the Minister under section 12 of this Act; or\n\t(b)\tif the corresponding function or power is, under this Act, a function or power of the Chief Executive—a delegation of the Chief Executive under section 12 of this Act.\n\t(2)\tA delegation of a function or power of the Director-General under section 13 of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be a delegation of the Chief Executive under section 12 of this Act.\n\t(3)\tA delegation of a function or power of the employing authority under section 101C of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be a delegation of the Chief Executive under section 12 of this Act.\n\t(4)\tSubject to this Act, a delegation continued under this clause will be taken to be subject to the same conditions applicable to the delegation immediately before the commencement of this clause.\n\t(5)\tFor the purposes of this clause, a reference to a delegation of a function or power under a specified section includes a reference to a further delegation of that function or power done in accordance with that section.\n38—Appointment of Director of Children's Services nominee to Teachers Registration Board continued\nA person holding office as a member appointed to the Teachers Registration Board pursuant to section 9(1)(h) of the Teachers Registration and Standards Act 2004 (as in force before the commencement of this clause) will, subject to that Act, continue to hold office for the remainder of their term of office.\n39—Appointment of Director of Children's Services nominee to Education and Early Childhood Services (Registration and Standards) Board continued\nA person holding office as a member appointed to the Education and Early Childhood Services (Registration and Standards) Board pursuant to section 22(2)(b) of the Education and Early Childhood Services (Registration and Standards) Act 2011 (as in force before the commencement of this clause) will, subject to that Act, continue to hold office for the remainder of their term of office.\n40—Continuation of review panel\nA panel (as constituted immediately before the commencement of this clause) established by the responsible officer under regulation 50(9) of the Education Regulations 2012 before the commencement of this clause will continue as a panel under section 80(7) of this Act and will, for the purposes of this Act, be taken to be a panel established by the Chief Executive under that subsection.\n41—Continuation of registration of student exchange organisations\n\t(1)\tSubject to this Act, the registration of a person or body as a student exchange organisation by the Department (within the meaning of the Education Act 1972) in force immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be registration of the person or body as a student exchange organisation by the Board under section 85 of this Act.\n\t(2)\tThe conditions applying to a registration continued under this clause immediately before the commencement of this clause will continue to apply to the registration as continued and will, for the purposes of this Act, be taken to have been imposed under section 85 of this Act.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Education and Children's Services Act 2019 repealed the following:\nChildren's Services Act 1985\nEducation Act 1972\nLegislation amended by principal Act\nThe Education and Children's Services Act 2019 amended the following:\nChildren's Protection Act 1993\nEducation and Early Childhood Services (Registration and Standards) Act 2011\nIndependent Commissioner Against Corruption Act 2012\nNational Tax Reform (State Provisions) Act 2000\nPublic Sector Act 2009\nSACE Board of South Australia Act 1983\nSummary Offences Act 1953\nSuperannuation Act 1988\nTeachers Registration and Standards Act 2004\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Education and Children's Services Act 2019 \n8.8.2019\n1.7.2020 (Gazette 11.6.2020 p3305) (Sch 1 cl 4 is of no effect because of the repeal of the Children’s Protection Act 1993)\n Training and Skills Development (Miscellaneous) Amendment Act 2020\n19.11.2020\nSch 1 (cl 2)—1.7.2021 (Gazette 24.6.2021 p2260)\n Education and Children's Services (Miscellaneous) Amendment Act 2021\n25.2.2021\n1.4.2021 (Gazette 1.4.2021 p1086)\n Statutes Amendment (Education, Training and Skills Portfolio) Act 2023\n13.7.2023\nPt 2 (ss 3 & 4)—1.9.2023 (Gazette 31.8.2023 p3131)\n Education and Children’s Services (Barring Notices and Other Protections) Amendment Act 2025\n22.5.2025\n17.11.2025 (Gazette 13.11.2025 p4446)\nEducation and Children's Services (Inclusive Education) Amendment Act 2025\n27.11.2025\n12.2.2026 except ss 8 & 10 (other than insertion of s 81B)—1.1.2027 and except insertion of s 63B by s 7, s 9, insertion of s 81B by s 10 & Sch 1—1.9.2027 (Gazette 12.2.2026 p242)\nTAFE SA Act 2025\n27.11.2025\nSch 1 (cll 2 & 3)—1.3.2026 (Gazette 12.2.2026 p244)\nEducation and Children's Services (Enrolment and Attendance) Amendment Act 2025\n4.12.2025\n16.2.2026 (Gazette 12.2.2026 p242)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\napproved learning program\namended by 6/2021 s 4(1)\n\namended by 40/2020 Sch 1 cl 2(1), (2)\n1.7.2021\ndisability\ninserted by 59/2025 s 3(1)\nparent\namended by 6/2021 s 4(2)\ns 3(1a)\ninserted by 59/2025 s 3(2)\ns 4\n\ns 4(2a)\ninserted by 59/2025 s 4\nPt 2\n\ns 7\n\ns 7(1)\namended by 59/2025 s 5(1)\ns 7(4)\namended by 59/2025 s 5(2)\nPt 4\n\ns 26\n\ns 26(1)\namended by 6/2021 s 5(1)\ns 26(2a) and (2b)\ninserted by 6/2021 s 5(2)\ns 26A\ninserted by 6/2021 s 6\ns 29\n\ns 29(5)\namended by 6/2021 s 7(1)\ns 29(5a) and (5b)\ninserted by 6/2021 s 7(2)\nPt 5\n\ns 41\n\ns 41(1)\namended by 6/2021 s 8\nPt 6\n\ns 56A\ninserted by 6/2021 s 9\nPt 7\n\nPt 7 Div 1\n\nPt 7 Div 1 Subdiv 1\n\ns 60\n\ns 60(5)\ninserted by 65/2025 s 3\ns 61\n\ns 61(6)\ninserted by 65/2025 s 4\ns 62\n\ns 62(1)\n(a) deleted by 59/2025 s 6\nPt 7 Div 1 Subdiv 1A\ninserted by 59/2025 s 7\n12.2.2026 except s 63B—1.9.2027\nPt 7 Div 1 Subdiv 3\n\ns 66\n\ns 66(2)\namended by 65/2025 s 5\ns 67\n\ns 67(2)\namended by 6/2021 s 10(1)\ns 67(3)\nsubstituted by 6/2021 s 10(2)\nPt 7 Div 2\n\nPt 7 Div 2 Subdiv 1\n\ns 68\n\ns 68(3)\n(a)(ii) deleted by 65/2025 s 6(1)\n\namended by 65/2025 s 6(2)\ns 68(5)\ninserted by 65/2025 s 6(3)\ns 69\n\ns 69(3)\n(a)(ii) deleted by 65/2025 s 7(1)\n\namended by 65/2025 s 7(2)\ns 69(5)\ninserted by 65/2025 s 7(3)\nPt 7 Div 2 Subdiv 4\n\ns 75\n\ns 75(1)\namended by 6/2021 s 11(1)\ns 75(2a)\ninserted by 6/2021 s 11(2)\n\nsubstituted by 23/2023 s 3\ns 75(2b)\ninserted by 6/2021 s 11(2)\nPt 7 Div 3\n\namended by 59/2025 s 8\n1.1.2027—not incorporated\ns 80A\ninserted by 59/2025 s 9\n1.9.2027—not incorporated\nPt 7 Div 3A\ninserted by 59/2025 s 10\n1.1.2027 except s 81B—1.9.2027—not incorporated\nPt 7 Div 6\n\ns 89A\ninserted by 6/2021 s 12\nPt 8\n\nPt 8 Div 1\n\ns 90\n\ns 90(1)\ns 90 amended and redesignated as s 90(1) by 6/2021 s 13(1), (2)\n\namended by 22/2025 s 3\ns 90(2)\ninserted by 6/2021 s 13(2)\ns 90A\ninserted by 22/2025 s 4\nPt 8 Div 2\n\ns 91\n\namended by 22/2025 s 5(1)\ns 91(1)\namended by 22/2025 s 5(2), (3)\ns 91(2)\namended by 22/2025 s 5(4), (5)\ns 91(3)\namended by 6/2021 s 14\ns 92\namended by 22/2025 s 6\nPt 8 Div 3\n\n amended by 22/2025 s 7\ns 93 before substitution by 22/2025\n\ns 93(7)\n\ndesignated person\namended by 6/2021 s 15\ns 93\nsubstituted by 22/2025 s 8\ns 94\n\ns 94(1)\nsubstituted by 22/2025 s 9(1)\ns 94(5)\namended by 6/2021 s 16\n\nsubstituted by 22/2025 s 9(2)\nPt 8 Div 4\n\ns 95\n\n amended by 22/2025 s 10\ns 95(1)\nsubstituted by 22/2025 s 11(1)\ns 95(1a)\ninserted by 22/2025 s 11(1)\ns 95(1b)\ninserted by 22/2025 s 11(1)\ns 95(2)\namended by 22/2025 s 11(2)—(4)\ns 95(2a)\ninserted by 22/2025 s 11(5)\ns 95(3)\namended by 22/2025 s 11(6)—(8)\ns 95(3a)\ninserted by 22/2025 s 11(9)\ns 95(4)\n\nprescribed person\ninserted by 22/2025 s 11(10)\nPt 9\n\ns 101\n\ns 101(9)\ndeleted by 6/2021 s 17\ns 110\n\ns 110(1)\namended by 6/2021 s 18(1)\ns 110(2)\namended by 6/2021 s 18(2), (3)\ns 110(3)\nsubstituted by 6/2021 s 18(4)\ns 110(5)\namended by 6/2021 s 18(5)\ns 110(6)\ndeleted by 6/2021 s 18(6)\ns 110(7a)\ninserted by 6/2021 s 18(7)\ns 110(8)\n\nprescribed employment\namended by 6/2021 s 18(8), (9)\n\namended by 62/2025 Sch 1 cl 2\n1.3.2026\ns 110A\ninserted by 6/2021 s 19\ns 111\n\ns 111(1)\namended by 6/2021 s 20\ns 113\n\ns 113(7)\n\nprescribed employment\namended by 6/2021 s 21(1), (2)\n\namended by 62/2025 Sch 1 cl 3\n1.3.2026\ns 121\n\ns 121(2)\namended by 6/2021 s 22\nPt 12\n\ns 127\n\ns 127(4)\namended by 65/2025 s 8\nPt 13\n\ns 129\n\ns 129(1a)\ninserted by 6/2021 s 23(1)\ns 129(2)\namended by 6/2021 s 23(2), (3)\ns 129(4)\namended by 6/2021 s 23(4)\ns 129(5)\namended by 6/2021 s 23(5)\ns 129(8)\n\nperson who is responsible for the student\namended by 6/2021 s 23(6)\ns 130\n\ns 130(4)\namended by 23/2023 s 4\nPt 14\n\ns 135\n\ns 135(1)\nsubstituted by 22/2025 s 12\ns 138\n\ns 138(1)\ndeleted by 6/2021 s 24(1)\ns 138(2)\namended by 6/2021 s 24(2)\ns 141\n\ns 141(2)\namended by 6/2021 s 25(1), (2)\nSch 1\n\nPts 1—12\nomitted under Legislation Revision and Publication Act 2002\nPt 13\n\ncl 32\nexpired: Sch 1 cl 32(1)—omitted under Legislation Revision and Publication Act 2002\n(1.7.2020)\nTransitional etc provisions associated with Act or amendments\nEducation and Children's Services (Barring Notices and Other Protections) Amendment Act 2025, Sch 1—Transitional and savings provisions\n1—Barring notices\n\t(1)\tA barring notice issued under section 93 of the principal Act in effect immediately before the commencement of this clause will continue to operate and have effect according to its terms and will be taken to be a barring notice issued under section 93 of the principal Act as substituted by this Act.\n\t(2)\tIn this clause—\nprincipal Act means the Education and Children's Services Act 2019.\nHistorical versions\n\n1.7.2021\n\n","sortOrder":27}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be properly assessed as the legislative text was not available for review. No determination can be made about whether the Act's scope shifted from its original stated intent without access to the full text, explanatory materials, or amendment history."},"complexity_factors":["Unable to assess true complexity — full legislative text was not retrievable due to a broken URL","Based on general knowledge, the Act covers multiple regulatory domains (education and children's services) which typically increases complexity","Interaction with Commonwealth early childhood education frameworks (e.g., National Quality Framework) likely adds regulatory layering","Score of 3 reflects baseline complexity of a mid-sized state education Act, but this is an estimate only"],"plain_english_summary":"The Education and Children's Services Act 2019 (SA) is the primary law setting rules for compulsory schooling, regulation of early childhood education and care, and registration and operation of government and non‑government schools in South Australia. It defines parents’ and guardians’ attendance obligations and the limited exemptions (including homeschooling), affecting children, families, schools and childcare providers — a key framework for who must attend, who may be excused, and how education services are regulated."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act began as a consolidation and modernization of earlier Education and Children’s Services laws (repealing the Education Act 1972 and Children’s Services Act 1985) and providing a single framework for schooling and children’s services. Subsequent amendments and insertions have materially broadened its scope. Conspicuous expansions include: stronger protections and operational enforcement tools (new barring‑notice regime and expanded authorised‑officer powers—see amended s93, s95), more prescriptive information‑sharing provisions (s14) and inclusive education provisions and reporting duties about enrolment of children with disability (new Subdivision 1A, ss63A and 63B). The teaching service and staffing rules have also been refined with special interruption/rehire rules (s110A) and other employment adjustments. These additions move the law beyond a simple consolidation to a more interventionist operational statute with expanded central executive discretion, enforcement mechanisms and reporting obligations (see amendments recorded in the legislative history 2020–2025)."},"complexity_factors":["Comprehensive structure spanning preschool to tertiary-linked ‘approved learning programs’ across 14 Parts and a detailed Schedule (long statute).","Extensive interpretation/definitions section (s3) with many cross-cutting defined terms used throughout (e.g. ‘approved learning program’, ‘child of compulsory school/education age’, ‘disability’, ‘governing council’).","Numerous cross-references to other Acts and instruments (Public Sector Act 2009, Child Safety (Prohibited Persons) Act 2016, Education and Early Childhood Services (Registration and Standards) Act 2011, Australian Education Act 2013 etc.).","Multiple delegated powers and broad regulation‑making authority (s12, s141) producing dependence on subordinate instruments for operational detail.","Many conditional rules and nested exceptions (e.g. enrolment/enforcement defences, suspension/exclusion caps, exceptions for non‑Government schools at s4).","Layered administrative discretions (Minister and Chief Executive powers to direct enrolments, approve/amend constitutions, remove members, close/amalgamate schools) with limited statutory constraint (see s21, s22, s27–29, s33, s43).","Complex employment and staffing regime with detailed transitional and special provisions (Part 9, including sections 110, 110A, 111 and Sch 1 transitional clauses).","Multiple offence and penalty provisions with differing maxima and application rules (s60, s68, s91, s92, s93(10) etc.), requiring careful statutory mapping for enforcement. ","Transitional and staged commencement provisions and numerous subsequent amendments listed in the legislative history, creating temporal complexity about which provisions are in force and when (see Sch 1 and legislative history)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a single, state-level legal framework for preschool, primary and secondary education and for certain children’s services in South Australia. It replaces earlier Education and Children’s Services Acts and sets out how Government schools, preschools and children’s services centres are established, governed, funded and closed (see Parts 4–6, Part 5).\n\n- Gives the Chief Executive of the Department broad operational powers: to set the curriculum, determine services at preschools/children’s centres, require information from schools and parents, run selection and employment arrangements for teachers, and issue administrative instructions to governing councils and committees (see sections 8, 9, 13, 96–106 and elsewhere).\n\n- Sets up governing councils for schools and preschools with prescribed composition, powers and limits; the Minister or Chief Executive can approve or amend constitutions, remove members and impose limits on councils’ powers (see sections 10, 19, 21, 22, 27, 28, 34–45).\n\n- Establishes compulsory enrolment and attendance rules for children (enrolment in a school while of compulsory school age; participation in an approved learning program while of compulsory education age), creates penalties for non-compliance, and builds an enforcement pathway that includes information-gathering, family conferences and authorised officers (see sections 60–69, 71–75, 126–128).\n\n- Regulates student discipline for Government (and in many respects non‑Government) schools: suspension, exclusion, expulsion, appeal rights and limits on the duration and frequency of suspensions/exclusions (see sections 76–80).\n\n- Prohibits corporal punishment in all schools and preschools (sections 32 and 83).\n\n- Creates statutory offences and protections on school and related premises: disorderly/intimidating behaviour, trespass; grants powers to bar people from premises (barring notices), to direct people to leave, and to restrain/remove persons when a risk or imminent disruption exists (see Parts 8, sections 90–95; barring notices at s93 and review at s94).\n\n- Sets out the teaching service employment regime: appointment types (ongoing, term, casual), merit-based selection for key actions, probation, transfer and classification powers, disciplinary powers and long service leave entitlements (see Part 9, sections 97–120).\n\n- Permits schools to impose materials and services charges (compulsory and voluntary components), sets recoverability and disclosure rules, and allows the Chief Executive to fix other charges (Parts 13, sections 129–131).\n\n- Authorises broad information-sharing between the Department, schools and certain state authorities in circumstances tied to child welfare, safety or service delivery, subject to penalties for misuse and rules on further use (see section 14 and confidentiality at s137).\n\n- Provides for delegated rule‑making (regulations), advisory committees, Ministerial land acquisition powers for education purposes, transitional arrangements for entities carried over from repealed Acts, and a Governing Councils Legal Fund for legal advice in disputes with the Department (see sections 6, 11, 12, 47–50, Sch 1).\n\n\n**Who is affected**\n\n- Children and students of compulsory school/education age and their parents or guardians — obligations to enrol and ensure attendance or participation, and potential criminal penalties for breaches (s60–61, 68–69).\n- All Government schools, Government preschools and many non‑Government schools in relation to general provisions (see s4 for which parts apply only to Government schools).\n- Principals, directors and staff — duties of information provision, compliance with administrative instructions, and protection from offensive conduct (e.g. s13, s9, Part 8).\n- Governing councils and affiliated committees — powers over strategy and resources but subject to Ministerial and Chief Executive controls and limits (s23, s24, s41–42).\n- Teachers and other employees in the teaching service — employment, discipline, transfer and leave provisions (Part 9).\n- Members of the public who interact with school premises — barred or removed for specified conduct, with criminal penalties for breaches (Part 8).\n\n\n**Why it matters (official rationale and how that maps to costs, incentives and trade‑offs)**\n\n- The Act’s stated objects include maintaining high quality, accessible and inclusive education and children’s services and improving children’s wellbeing and safety (s7). Mechanically, it concentrates operational control in the Chief Executive and gives the Minister statutory levers over establishment, governance and closure decisions (s8, s33, s43, s29). That structure centralises decision‑making authority in the public administration.\n\n- Enforcement and compliance: compulsory enrolment/attendance backed by fines and investigatory powers (s60–69, s68, s127) create incentives for parents to enrol children and for schools to report non‑attendance (s75). Administrative burdens fall on principals and governing councils (information provision, reporting duties at s65, s75, and record extracts methods at s63B(2)).\n\n- Discretion and conditionality: the Chief Executive and Minister have many discretions — approving constitutions (s21, s39), directing enrolments (s62–63), issuing administrative instructions binding governing councils (s9) and making barring notices (s93). Those discretions reduce contractual or governance autonomy for local actors and concentrate implementation risk in central officials.\n\n- Data and information flows: the Act authorises sharing of prescribed information between Department, schools and State authorities for child safety, welfare and service delivery (s14). That lowers barriers to inter‑agency action but raises compliance and privacy management costs for institutions (see confidentiality and penalties at s137 and s14(6)–(7)).\n\n- Financial incentives and burdens: materials and services charges are permitted but regulated (s129). Parents face potential compulsory charges recoverable as debts (s129(1a), (5)). The Crown may provide a legal fund to governing councils for independent legal advice in disputes with the Department (s47–48) — a concentrated statutory benefit available in specific disputes.\n\n- Effects on private providers and markets: non‑Government schools remain regulated in many respects (see s4), but some powers (e.g. directions about enrolment under s62) expressly do not apply to non‑Government schools (s62(4)). The Act therefore leaves space for non‑Government providers while preserving substantial regulatory oversight and data obligations.\n\n\n**Implementation and compliance risks, incentives and trade‑offs (concrete mechanisms)**\n\n- High administrative load on schools and principals: regular reporting obligations (e.g. s75 persistent non‑attendance reporting), information requests by Chief Executive (s13, s66) and requirements to follow administrative instructions (s9) raise resource costs and require record systems.\n\n- Concentration of decision‑making in executives: Ministerial/Chief Executive powers to approve/modify constitutions and to close/amalgamate or vest assets on closure (s21, s22, s29, s26A(3)(d)) mean local governing bodies may have limited control over major property or structural outcomes; the mechanism is explicit in the Act.\n\n- Enforcement tools with limited procedural layering: barring notices and authorised‑officer powers allow prompt exclusion from premises (s93, s95) with limited statutory review (Ministerial review for notices lasting 2+ weeks — s94). That design prioritises quick operational responses over lengthy procedural protection.\n\n- Potential substitution effects: the Act permits approved learning programs outside schools (defined in s3) and allows the Chief Executive to require enrolment in a specified school or program (s62). That can shift where students receive education (from local schools to approved alternative programs).\n\n- Fiscal and equity trade‑offs: materials and services charges and fees for overseas/non‑resident students (s129, s130) create revenue levers for schools but require mitigation (waivers, Chief Executive discretion) to avoid exclusion from curricular activities (s129(3), (6)).\n\n\n**Key sections to look at quickly**\n\n- Chief Executive powers, data and enforcement: sections 8, 9, 13, 14.\n- Compulsory enrolment/attendance and penalties: sections 60–61, 68–69, 75.\n- Barring notices and restraints on premises: sections 93–95 and review at s94.\n- Teaching service employment: Part 9 (sections 97–120).\n- Materials and services charges: section 129.\n\n\n**Bottom line (who pays, who decides, what behaviour changes)**\n\n- Who pays: parents/guardians for materials and services charges (subject to waivers) and, in some cases, fines or criminal liability for non‑compliance with enrolment/attendance obligations (s129, s60, s68).\n- Who decides: Minister and Chief Executive exercise significant central control over curriculum, enrolment direction, approval or amendment of governing council constitutions, and school establishment/closure (s8, s10, s21, s29, s33, s43).\n- Behaviour changes the law aims to prompt: ensure enrolment and attendance; provide clearer governance responsibilities for schools and preschools; enable quicker operational responses to threats to safety or disruptions (barring notices, authorised officers); centralise quality and workforce management for teachers (Part 9)."},"kimi_summary":{"_metrics":{"completionTokens":622},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as stated in the long title: providing for preschool, primary and secondary education, children's services, and constituting the teaching service. The 2019 consolidation merged two previous Acts without apparent mission creep, though subsequent amendments have expanded specific protections (barring notices, disability enrolment reporting)."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., governing council powers defined across multiple subdivisions)","47+ defined terms in section 3 including nested definitions (e.g., 'disability' has 11 sub-clauses)","Multiple conditional exceptions for compulsory education (sick children, family care, etc.)","Complex transitional provisions preserving rights under repealed Acts (Schedule 1, Part 13)","Layered disciplinary and appeal mechanisms for students (suspension → exclusion → expulsion → appeal panels)","Detailed long service leave calculations with multiple formulas and historical preservation clauses (ss 107–113)","Barring notice provisions with 6 different grounds, 5 types of restrictions, and review mechanisms","Separate but parallel governance structures for: school-based preschools, stand-alone preschools, children's services centres, Government schools, and special purpose schools"],"plain_english_summary":"This is South Australia's main law governing education and children's services. It covers:\n\n**What it does:**\n- Establishes and regulates **Government schools** (primary and secondary), **preschools**, and **children's services centres** (childcare and early education)\n- Creates a **teaching service** with rules for hiring, promoting, disciplining, and managing teachers\n- Makes education **compulsory** for children aged roughly 6–16, with options for older teens in approved programs like TAFE or apprenticeships\n- Sets up **governing councils** for schools and preschools—community bodies that help run schools alongside principals\n- Protects **students with disability** from unfair enrolment refusals\n- Bans **corporal punishment** in all schools\n- Allows **barring notices** to remove threatening people from school premises\n- Regulates **student exchange programs**\n\n**Who it affects:**\n- Parents and children (enrolment, attendance, discipline rules)\n- Teachers and school staff (employment conditions, long service leave, disciplinary processes)\n- School governing councils (powers, constitutions, limitations)\n- Principals and the Chief Executive of the Department for Education (operational control)\n\n**Why it matters:**\nThis Act replaced two older laws (the Education Act 1972 and Children's Services Act 1985) to create one integrated system. It balances **parent and community involvement** in schools through governing councils with **ministerial and departmental control** over curriculum, staffing, and major decisions. It also includes significant **child safety protections**, including information-sharing rules between agencies and powers to bar dangerous individuals from education premises."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/education-and-children-s-services-act-2019","history":"/api/acts/education-and-children-s-services-act-2019/history","analysis":"/api/acts/education-and-children-s-services-act-2019/analysis","conflicts":"/api/acts/education-and-children-s-services-act-2019/conflicts","importantCases":"/api/acts/education-and-children-s-services-act-2019/important-cases","documents":"/api/acts/education-and-children-s-services-act-2019/documents"}}