{"id":"education-and-childrens-services-regulations-2020","name":"Education and Children's Services Regulations 2020","slug":"education-and-children-s-services-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235396,"registerId":"sa-education-and-childrens-services-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education and Children's Services Regulations 2020","content":"South Australia\nEducation and Children's Services Regulations 2020\nunder the Education and Children's Services Act 2019\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tApplication of regulations to non‑Government schools\nPart 2—Interpretation\n5\tApproved learning programs\n6\tChildren's services\n7\tHead of approved learning program\n8\tPromotional level\nPart 3—Ministerial directions and instructions\n9\tMinister may give directions and instructions\nPart 4—Preschools and children's services centres\n10\tClosure of stand‑alone preschools and children's services centres\nPart 5—Special purpose schools\n11\tSpecial purpose schools\nPart 6—Provision of education in schools\nDivision 1—Enrolment\n11A\tRequirements regarding enrolment of children of compulsory school age in Government school\n12\tEnrolment in Government schools\n13\tEnrolment in approved learning programs\n14\tChief Executive may direct that child be enrolled in particular school\n15\tSpecial provisions relating to enrolment of adult students\n16\tCertain information to be provided on enrolment\n16A\tReport provided to principal by other principal in respect of specified child\nDivision 2—School terms, school days and special days etc\n17\tSchool terms\n18\tSchool days\n19\tOrganisation of school days\n20\tHomework\n21\tOfficers of teaching service may be required to give assistance on days when schools etc are closed\nDivision 3—Attendance at school and participation in approved learning programs\n22\tPrescribed reasons for child of compulsory school age failing to attend school\n23\tPrescribed reasons for failing to participate in approved learning program\n24\tPrescribed information in reports of persistent non‑attendance or non‑participation\n25\tAuthorised officers to take steps to ensure attendance\nDivision 4—Suspension, exclusion and expulsion of students\n26\tDetermination to suspend, exclude or expel a student\n27\tOffence for suspended, excluded or expelled student to be on school grounds\nDivision 5—Additional provisions relating to school discipline\n28\tSchool control of students\n29\tRight to search student's bags etc\n30\tPayments for damage caused by students\nDivision 6—Religious and cultural activities\n31\tPersons prescribed to conduct religious or cultural activities\n32\tExemption from participation in religious or cultural activities\nDivision 6A—Registration of student exchange programs\n32A\tRegistration of student exchange programs—fees and waiver and remission of fees\nDivision 7—Sex education\n33\tExemption from instruction in sex education\nDivision 8—Student allowances and scholarships\n34\tInterpretation\n35\tTravelling allowances for students\n36\tTravelling allowance for students with disabilities\n37\tEducational allowances for certain secondary school students\n38\tScholarships etc for students\nDivision 9—Dress codes\n39\tDress codes\nPart 7—Protections for teachers, staff and students etc in schools, preschools and children's services centres\n40\tPremises to which Part 8 of Act applies\n41\tReview of barring notice by Minister\nPart 8—The teaching service\nDivision 1—Appointment\n42\tMerit‑based selection processes\n43\tApplication for appointment to the teaching service\n44\tApplication for inclusion in pool of applicants\n45\tExceptions to requirement for merit‑based selection processes\n46\tProbation—term employee\n47\tCondition of employment\nDivision 2—Duties, classification, promotion and transfer\n48\tAssignment of duties and transfer to non‑teaching position within Department\n50\tReclassification applications\n51\tAppointments to promotional level positions\n52\tActing appointments\nDivision 3—Leave of absence\n53\tLeave on the ground of illness\n54\tSkills and experience retention leave entitlement\n55\tLong service leave on half pay\n56\tAbsence to be reported\n57\tSpecial leave\n58\tSpecial provision relating to maternity leave\n59\tInfectious diseases and special leave\n60\tWar service sick leave\n61\tContinuity of service\nDivision 4—Absence from duty\n62\tAbsence from duty\nDivision 5—Salaries and allowances\n63\tSalary above minimum\n64\tPositions not covered in an award\n65\tDeduction from salaries of rents for certain residences\n66\tTravelling expenses\nDivision 6—Disciplinary action and management of unsatisfactory performance\n67\tDisciplinary action\n68\tScheme for reduction in remuneration level\nDivision 7—Miscellaneous\n69\tCost of medical examination\n70\tCompliance with policies and instructions\n71\tImpartiality of instruction\n72\tResponsibilities of principals etc and officers of teaching service\n73\tOfficers of teaching service not to incur liability on behalf of Government\n74\tReport to be provided to Chief Executive where certain legal proceedings commenced\n75\tScholarships etc for teachers\n76\tResignation to contest an election\nPart 9—Other employment and staffing arrangements\n77\tApplication of Part 7 and Schedule 1 of the Public Sector Act 2009 to employees under Part 10 of Act\nPart 10—Appeals\n78\tCertain decisions not reviewable\n79\tElection of officers of the teaching service as supplementary panel members for SAET\n80\tSelection of panel members for particular SAET proceedings\nPart 11—Financial provisions\nDivision 1—Materials and services charges for schools\n81\tPrescribed amount\n82\tRequirement for written notice of materials and services charge\n83\tRecovery of debt to comply with Chief Executive's directions etc\nDivision 2—Other fees and charges\n84\tCharges for certain overseas and non‑resident students\nDivision 3—Provision of materials in cases of hardship\n85\tChief Executive may provide materials etc in cases of hardship\nDivision 4—School funds etc\n86\tSchool funds etc\nPart 12—Information gathering etc\n87\tSharing of information between certain persons and bodies\n88\tApproved learning program providers to provide certain information to Minister\n89\tPerson responsible for student to notify principal of school etc where change in information\n90\tSchools to provide certain information\nPart 13—Miscellaneous\n91\tRegulation of traffic on premises of Government schools and Government stand‑alone preschools and children's services centres\n92\tRecords and documents property of Minister\nSchedule 1A—Fees (Registration of student exchange organisations)\n1\tPreliminary\n2\tFees\nSchedule 2—Transitional provisions\n1\tCertain policies relating to enrolment to continue\n2\tContinuation of reviews commenced under Education Act 1972\n3\tRegistered children's services centres continued under Act\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Education and Children's Services Regulations 2020.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Education and Children's Services Act 2019;\nmedical certificate means a medical certificate from a legally qualified medical practitioner and includes such other evidence as may be acceptable to the Chief Executive;\npremises means any land, building or structure;\nrepealed regulations means—\n\t(a)\tthe Education Regulations 2012; and\n\t(b)\tthe Education Regulations 1997; and\n\t(c)\tany earlier regulations corresponding to the Education Regulations 1997;\nschool day, in relation to a Government school, means a day on which the school is required to be open.\n4—Application of regulations to non‑Government schools\n\t(1)\tThe following provisions of these regulations apply to, or in relation to, both Government and non‑Government schools:\n\t(a)\tPart 1;\n\t(b)\tregulation 5;\n\t(c)\tregulation 7;\n\t(d)\tregulation 13;\n\t(e)\tregulation 15(1);\n\t(f)\tregulation 16;\n\t(g)\tPart 6 Division 3;\n\t(h)\tregulation 35;\n\t(i)\tregulation 37;\n\t(j)\tregulation 38;\n\t(k)\tPart 7;\n\t(l)\tPart 12.\n\t(2)\tAll other provisions of these regulations apply only to, or in relation to, Government schools.\nPart 2—Interpretation\n5—Approved learning programs\nFor the purposes of paragraph (b) of the definition of approved learning program in section 3(1) of the Act, universities established by or under an Act or law of the State, the Commonwealth, or any other State or Territory, are declared to be within the ambit of that paragraph.\n6—Children's services\nFor the purposes of paragraph (c) of the definition of children's services in section 3(1) of the Act, the following services, and services of a kind, are prescribed:\n\t(a)\ta playgroup;\n\t(b)\ta toy library;\n\t(c)\tcare of children out of school hours or during school vacations;\n\t(d)\tcare of children on a casual basis;\n\t(e)\tcare, guidance and support of children with special needs;\n\t(f)\tany other service, or service of a kind, declared by the Chief Executive by notice in the Gazette to be included in the ambit of this paragraph.\n7—Head of approved learning program\nFor the purposes of paragraph (b) of the definition of head of an approved learning program in section 3(1) of the Act, the persons, or persons of a class, specified by the Minister by notice in the Gazette are prescribed.\n8—Promotional level\nFor the purposes of the definition of promotional level in section 3(1) of the Act, all classification levels for all positions other than—\n\t(a)\tTeacher; or\n\t(b)\tAdvanced Skills Teacher Level 2 (AST2); or\n\t(c)\tHighly Accomplished Teacher (HAT); or\n\t(d)\tLead Teacher (Lead),\nare declared to be promotional level positions in the teaching service.\nPart 3—Ministerial directions and instructions\n9—Minister may give directions and instructions\n\t(1)\tThe Minister may, in relation to the exercise of the powers and functions conferred on the Minister by or under the Act, give such directions and instructions as the Minister considers appropriate.\n\t(2)\tDirections or instructions given under subregulation (1) must not be inconsistent with the Act or these regulations.\n\t(3)\tNothing in this regulation limits any other power of the Minister to give directions or instructions under the Act, or any other Act or law.\nPart 4—Preschools and children's services centres\n10—Closure of stand‑alone preschools and children's services centres\nFor the purposes of section 29(2) of the Act, the following circumstances are prescribed for the purposes of that subsection:\n\t(a)\tfunding for a stand‑alone preschool or children's services centre has been withdrawn or is insufficient for the stand‑alone preschool or children's services centre to remain open;\n\t(b)\tthe governing council of a stand‑alone preschool or children's services centre has acted in contravention of the Act or its constitution;\n\t(c)\ta stand‑alone preschool or children's services centre has failed to amend its constitution in accordance with a direction of the Minister under section 22(3) of the Act;\n\t(d)\tany other circumstances that, in the opinion of the Minister, make closure of the relevant stand‑alone preschool or children's services centre necessary or appropriate.\nPart 5—Special purpose schools\n11—Special purpose schools\nFor the purposes of section 56(1)(e) of the Act, the following purposes are prescribed:\n\t(a)\toutdoor education;\n\t(b)\tthe provision of education to children who require support with social or behavioural difficulties or other needs.\nPart 6—Provision of education in schools\nDivision 1—Enrolment\n11A—Requirements regarding enrolment of children of compulsory school age in Government school\nFor the purposes of section 60(1) of the Act, the enrolment of a child of compulsory school age in a Government school must be appropriate having regard to—\n\t(a)\tthe child's age; and\n\t(b)\tthe child's year level; and\n\t(c)\tthe child's level of educational attainment.\n12—Enrolment in Government schools\n\t(1)\tThe enrolment of a student at a Government school should, as far as is reasonably practicable, comply with any policy published from time to time by the Minister by notice in the Gazette for the purposes of this subregulation.\n\t(2)\tWithout limiting the matters that may be the subject of a policy under subregulation (1), a policy may provide for—\n\t(a)\tthe maximum enrolment capacity of a school; or\n\t(b)\tany limitations or conditions on enrolment of students in order to prevent the enrolment capacity of a school being exceeded; or\n\t(c)\tthe identification of zones in relation to a specified school, or schools of a specified class, where students residing in the zone are eligible to be enrolled at the school or class of schools; or\n\t(d)\tlimitations or conditions that apply in relation to any special interest programs at a school; or\n\t(e)\tany other matter the Minister considers relevant to the enrolment of students in Government schools.\n\t(3)\tThe Minister may, by notice in the Gazette, vary or revoke a policy under this regulation.\n\t(4)\tWithout limiting this regulation (and subject to a policy of the Minister published under this regulation), the enrolment of a child who is under 6 years of age must comply with any policy of the Chief Executive relating to such enrolments.\n13—Enrolment in approved learning programs\n\t(1)\tFor the purposes of section 61(1) of the Act, the enrolment of a child of compulsory education age in an approved learning program, or in a combination of approved learning programs, must be such so as to constitute full time participation in approved learning programs.\n\t(2)\tFor the purposes of subregulation (1), the enrolment of a child of compulsory education age in an approved learning program will only be taken to constitute full time participation in approved learning programs if—\n\t(a)\teither—\n\t(i)\tthe number of hours that a child participates, or is to participate, in the program or programs in a particular period; or\n\t(ii)\tthe nature of the activities undertaken during participation in the program or programs,\nis such so as to meet the minimum standard for full time participation (if any) set out in guidelines published by the Minister, as in force from time to time; or\n\t(b)\tthe child is enrolled in an approved learning program, or a combination of approved learning programs, declared under subregulation (3) to constitute full time participation in approved learning programs.\n\t(3)\tThe Minister may, by notice in the Gazette, declare that participation in a specified approved learning program, or in a specified combination of approved learning programs, constitutes full time participation in approved learning programs for the purposes of the Act.\n14—Chief Executive may direct that child be enrolled in particular school\n\t(1)\tPursuant to section 62(5) of the Act, the Chief Executive may only give a direction under that section if the Chief Executive is satisfied that the circumstances that give rise to the direction can be appropriately managed at the specified school.\n\t(2)\tPursuant to section 62(5) of the Act, an application for a direction under that section—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\n\t(b)\tmust comply with any determination of the Chief Executive relating to such applications (including, to avoid doubt, a determination setting thresholds below which applications may be refused).\n15—Special provisions relating to enrolment of adult students\n\t(1)\tFor the purposes of section 64(3)(c) of the Act, enrolments of the following kinds are declared to be included within the ambit of that subsection:\n\t(a)\tthe re‑enrolment of an adult person in a school within 6 months of last being a student at the school;\n\t(b)\tthe enrolment of an adult person in a school within 6 months after last being a student at another school;\n\t(c)\tthe enrolment of an adult person at the Flexicentre, Goldsborough Rd or Jonal Dr campuses of the Youth Education Centre.\n\t(2)\tPursuant to section 64(6) of the Act, the Chief Executive may, by notice in writing, direct that a specified adult person must be enrolled in a specified school, or specified class of school, and, if such a direction is given, the person may be refused enrolment in any school other than the specified school or school of the specified class.\n\t(3)\tThe Chief Executive may, by notice in writing, vary or revoke a direction under subregulation (2).\n\t(4)\tPursuant to section 64(6) of the Act, the Chief Executive may, by notice in writing, cancel the enrolment of an adult student for any reason the Chief Executive thinks appropriate.\n16—Certain information to be provided on enrolment\nPursuant to section 65(1)(e) of the Act, a person who is responsible for a child who is to be enrolled in a school or an approved learning program must provide the principal of the school or head of the approved learning program (as the case requires) such other information as may be required in the enrolment form provided to the person.\n16A—Report provided to principal by other principal in respect of specified child\nPursuant to section 67(2) of the Act, a notice under subsection (1) of section 67 must comply with any guidelines published by the Minister, as in force from time to time, as to the kind of information that may, or may not be, the subject of a request for inclusion in a report provided under that subsection.\nDivision 2—School terms, school days and special days etc\n17—School terms\n\t(1)\tThe school year is to be divided into such periods as may be determined by the Minister.\n\t(2)\tThe periods determined under subregulation (1) must be published on a website determined by the Chief Executive.\n18—School days\n\t(1)\tSubject to the Act, a school is to be open from Monday to Friday in each week (not including public holidays or any period of school vacation).\n\t(2)\tExcept as may otherwise be provided for under the Act, a school must not be closed on a school day except with the approval of the Chief Executive.\n\t(3)\tAn approval under subregulation (2)—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\tmust be published on a website determined by the Chief Executive.\n19—Organisation of school days\n\t(1)\tThe amount of instruction provided during a particular period, and the period or periods set aside for lunch and recess during a school day, at a specified school, or a specified class of schools, must comply with any determination of the Chief Executive.\n\t(2)\tWithout limiting the matters that may be the subject of a determination of the Chief Executive under subregulation (1), a determination under that subregulation may—\n\t(a)\trelate to a school day or to some other specified period; and\n\t(b)\tfix a minimum or maximum period (or both) in relation to the amount of instruction that is to be provided during a specified period; and\n\t(c)\tfix a minimum or maximum number or length of lunch and recess periods that are to be provided on a school day.\n\t(3)\tA student under the age of 6 years may be dismissed 1 hour before normal dismissal time if a person who is responsible for a child so requests.\n20—Homework\n\t(1)\tAn officer of the teaching service at a school may require that homework appropriate to the age and ability of a student is to be undertaken by a student attending the school.\n\t(2)\tAn officer of the teaching service must give sympathetic consideration to any objection from a person responsible for a student regarding the amount of homework expected from the student.\n21—Officers of teaching service may be required to give assistance on days when schools etc are closed\nThe Chief Executive may, if satisfied that it is, due to special circumstances, reasonable to do so, require an officer of the teaching service at a specified school, or at a stand‑alone preschool, to give such assistance on a day or days when the school or stand‑alone preschool (as the case requires) is closed as the Chief Executive may require.\nDivision 3—Attendance at school and participation in approved learning programs\n22—Prescribed reasons for child of compulsory school age failing to attend school\nFor the purposes of section 68(3)(a)(iii) of the Act, it is a prescribed reason for failure of a child to attend school if the failure on the occasion in question was due to unavoidable circumstances and there was, on the occasion in question, sufficient cause.\n23—Prescribed reasons for failing to participate in approved learning program\nFor the purposes of section 69(3)(a)(iv) of the Act, it is a prescribed reason for failure of a child to participate in an approved learning program if the failure on the occasion in question was due to unavoidable circumstances and there was, on the occasion in question, sufficient cause.\n24—Prescribed information in reports of persistent non‑attendance or non‑participation\nFor the purposes of section 75(2)(c) of the Act, the following information is required:\n\t(a)\tthe name, address and date of birth of the student;\n\t(b)\tinformation setting out the days or periods during which the student failed to attend school, or participate in the approved learning program, (as the case requires);\n\t(c)\tany other information of a kind determined by the Minister by notice in the Gazette.\n25—Authorised officers to take steps to ensure attendance\nAuthorised officers must take all reasonably practicable action to ensure attendance at school by children of compulsory school age and participation in an approved learning program by children of compulsory education age.\nDivision 4—Suspension, exclusion and expulsion of students\n26—Determination to suspend, exclude or expel a student\nFor the purposes of sections 76(2), 77(2), 78(2) and 79(2) of the Act, in determining whether to suspend, exclude or expel a student, a principal of a school or the Chief Executive (as the case requires) must have regard to—\n\t(a)\tthe severity and frequency of the misbehaviour of the student; and\n\t(b)\tthe student's prior record of behaviour and response to previous sanctions (if any); and\n\t(c)\tif relevant, the extent to which adjustments have been made to support the participation of that student, or students with a disability generally, at the school; and\n\t(d)\tany other relevant matter.\n27—Offence for suspended, excluded or expelled student to be on school grounds\n\t(1)\tA student who has been suspended or excluded from attendance at a school or expelled from a school under the Act must not, during the period of the suspension, exclusion or expulsion, enter or remain on the school premises except with the written approval or at the written request of the principal of the school.\nMaximum penalty: $200.\n\t(2)\tA student who has been expelled under section 79 of the Act from all Government schools must not, during the period of the expulsion, enter or remain on any Government school premises except with the written approval or at the written request of the Chief Executive or the principal of the school concerned.\nMaximum penalty: $200.\nDivision 5—Additional provisions relating to school discipline\n28—School control of students\n\t(1)\tHaving regard to the rights and duties of students, persons who are responsible for students, and staff, the principal of a school may impose such moderate and reasonable controls on the behaviour of students, and sanctions for offences against those rules, as the principal considers necessary or as are permitted under the Act.\n\t(2)\tThe principal of a school may delegate their disciplinary authority, including the imposition of appropriate sanctions on students for breaches of school rules, to such members of the staff at the school as the principal so determines.\n\t(3)\tA delegation under subregulation (2) does not prevent a principal of a school from exercising directly their own power to impose sanctions on students where the principal considers it necessary or advisable to do so.\n\t(4)\tA principal may, in addition to imposing on a student any sanction that is in accordance with school policy, detain a student during the school lunch break or after school hours subject to any requirements or conditions determined by the Minister.\n29—Right to search student's bags etc\n\t(1)\tThe principal of a school, or a person authorised by the principal, may, if the principal or person reasonably suspects that school property is being unlawfully removed from school premises by a student enrolled at the school, search or cause to be searched any bag, locker or other receptacle of the student.\n\t(2)\tA search under subregulation (1)—\n\t(a)\tmay only occur on the school premises; and\n\t(b)\tmay occur at any time.\n\t(3)\tA student must comply with a request of a person conducting a search under subregulation (1) to open a bag, locker or other receptacle belonging to, or in the possession of, the student.\nMaximum penalty: $100.\n\t(4)\tIn this regulation—\nschool property, in relation to a school, means books, tools, materials or other equipment belonging to the school.\n30—Payments for damage caused by students\nIf a student enrolled at a school damages school equipment or property, the principal of the school may require the student to meet the cost of repairing that damage and if, on request, the cost is not met by the student, it may be recovered by the Minister by action in a court of competent jurisdiction 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 cost as a debt;\n\t(b)\tin any other case—the student is liable for the cost as a debt.\nDivision 6—Religious and cultural activities\n31—Persons prescribed to conduct religious or cultural activities\nFor the purposes of section 82(1) of the Act, the following persons and classes of persons are prescribed:\n\t(a)\tin the case of a person seeking to conduct religious activities—a person who is recognised (whether by ordination, commissioning, endorsement or otherwise) by a generally recognised or accepted religious organisation;\n\t(b)\tin the case of a person seeking to conduct cultural activities—a person who represents, and is acting with the approval of, a generally recognised or accepted cultural organisation.\n32—Exemption from participation in religious or cultural activities\nPursuant to section 82(3)(b) of the Act, if a person responsible for a student enrolled at a school gives written notice to the principal of the school that the student is to be exempted from participating in a specified religious or cultural activity (or both), or from all such activities, the student will be taken to be exempt from participating in the activity or activities.\nDivision 6A—Registration of student exchange programs\n32A—Registration of student exchange programs—fees and waiver and remission of fees\n\t(1)\tThe fees set out in Schedule 1A are prescribed for the purposes of sections 85(2) and 86(1) of the Act, and are payable in accordance with that Schedule.\n\t(2)\tThe 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 may waive or remit the whole or any part of a fee payable under section 85 or 86 of the Act.\nDivision 7—Sex education\n33—Exemption from instruction in sex education\n\t(1)\tPursuant to section 141(2)(a) of the Act, if a person responsible for a student enrolled at a school gives written notice to the principal of the school that the student is to be exempted from participating in specified instruction relating to sex education, or from all such instruction, the student will be taken to be exempt from participating in such instruction.\n\t(2)\tHowever, an exemption under subregulation (1) does not apply in relation to any instruction provided as part of the Keeping Safe: Child Protection Curriculum, or a corresponding program that replaces that curriculum.\nDivision 8—Student allowances and scholarships\n34—Interpretation\nIn this Division, unless the contrary intention appears—\nprimary school means a school providing courses in primary education (including the primary grades of an area school);\nsecondary school means a school providing courses in secondary education (including the secondary grades of an area school);\ntransport route, to a school, means a route followed by vehicles provided by the Minister for the purpose of conveying students to that school partially or wholly at the expense of the Government.\n35—Travelling allowances for students\n\t(1)\tA travelling allowance under this regulation may be paid to a person who is responsible for a student attending a school (not being a preschool) if—\n\t(a)\tthe usual place of residence of the student is in South Australia; and\n\t(b)\tthe usual place of residence of the person who is responsible for the student is in South Australia; and\n\t(c)\tthe person who is responsible for the student incurs expense in transporting the student to and from the school on a daily or regular basis; and\n\t(d)\tthe student lives 5 km or more from—\n\t(i)\tthe nearest Government primary or secondary school (as the case requires); or\n\t(ii)\ta transport route to the nearest Government primary or secondary school (as the case requires),\ndetermined by reference to the shortest practicable route the student may take.\n\t(2)\tA travelling allowance is payable as follows:\n\t(a)\tin the case of a student at a Government school who does not attend the Government school closest to the student's place of residence, but the Chief Executive determines that the school the student attends is the closest school which meets the educational needs of the student—the travelling allowance is payable at the rate that applies in relation to attendance at that school; or\n\t(b)\tin any other case—the travelling allowance is payable at the rate determined by the Chief Executive (being the rate that would apply if the student were attending the Government school, or the transport route, (as the case requires) closest to the student's place of residence).\n\t(3)\tThe rate or rates of travelling allowance payable under this regulation are as determined from time to time by the Minister by notice in the Gazette.\n36—Travelling allowance for students with disabilities\nDespite any other provision of this Division, if a child, considered by the Chief Executive to have a disability, attends a special school, disability unit or class of a kind approved by the Chief Executive for the purposes of this regulation, the Chief Executive may approve payment of the total cost of transporting the child to that school, disability unit or class, or may pay an allowance to a person who is responsible for the child who transports the child to that school, disability unit or class, subject to such conditions as the Chief Executive may determine.\n37—Educational allowances for certain secondary school students\nIf the usual place of residence of a person who is responsible for a student is in South Australia and—\n\t(a)\tthe student lives away from home to attend a secondary school of a kind determined by the Chief Executive; and\n\t(b)\tthe student attends regularly at the secondary school and undertakes an approved course of secondary education,\nan allowance of an amount determined by the Minister may be paid towards the living expenses of the student.\n38—Scholarships etc for students\n\t(1)\tA scholarship or award that was available to students immediately prior to the commencement of this regulation will—\n\t(a)\tcontinue in force under the conditions existing immediately prior to that commencement; and\n\t(b)\tcontinue to be known by the names by which they were known immediately prior to that commencement,\nuntil such conditions and names are varied by the Minister, or the scholarship or award is withdrawn by the Minister.\n\t(2)\tIn any case where money or property, real or personal, is made available for the purpose of founding a scholarship or award for students, the Minister may accept such money or property and may grant scholarships or make awards in accordance with any agreement entered into at the time such money or property becomes available, or, where no agreement is entered into, on such terms as the Minister thinks fit.\nDivision 9—Dress codes\n39—Dress codes\n\t(1)\tThe Chief Executive may issue administrative instructions under section 9 of the Act in relation to—\n\t(a)\tdress codes to be adopted by schools; and\n\t(b)\tthe means by which governing councils of schools are to consult with students and persons who are responsible for students enrolled at the school in determining dress codes.\n\t(2)\tThe governing council of a school may—\n\t(a)\tin accordance with any administrative instructions referred to in subregulation (1); and\n\t(b)\tafter consulting with students and persons who are responsible for students enrolled at the school in accordance with any administrative instructions referred to in subregulation (1) and having regard to their views,\ndetermine a dress code for the school.\n\t(3)\tA dress code adopted by a school should, regardless of a student's gender, be flexible and allow the right of choice and gender expression, including the choice of clothing that takes account of the following:\n\t(a)\tfreedom of movement;\n\t(b)\tlevel of comfort;\n\t(c)\tsafety;\n\t(d)\tclimatic conditions;\n\t(e)\tother special circumstances (for example, pregnancy).\n\t(4)\tThe principal of a school must, on the adoption by the school of a dress code, inform the persons who are responsible for each student enrolled at the school and, on the later enrolment of a student at the school, inform the persons who are responsible for that student, in writing of—\n\t(a)\tthe dress code of the school; and\n\t(b)\ttheir right to request the exemption of the student from that dress code.\n\t(5)\tThe principal of a school may, on being requested in writing by a person responsible for a student enrolled at the school to exempt the student from the dress code of the school, so exempt the student.\n\t(6)\tSubject to subregulation (5), the principal of a school must enforce the dress code of the school and may take appropriate disciplinary action in relation to wilful and persistent breach of the dress code but the dress code may not be enforced by the suspension, exclusion or expulsion of a student from the school or by otherwise precluding the student from participating in the educational program of the school.\n\t(7)\tWhere this regulation refers to an act to be carried out by or in relation to persons who are responsible for a student enrolled at the school, the regulation will, in relation to a student who is not less than 18 years of age, be taken to refer to the act as carried out by or in relation to that student.\nPart 7—Protections for teachers, staff and students etc in schools, preschools and children's services centres\n40—Premises to which Part 8 of Act applies\nFor the purposes of section 90(e) of the Act, premises specified by the Minister by notice in the Gazette are prescribed.\n41—Review of barring notice by Minister\nFor the purposes of section 94(5)(d) of the Act, such premises as may be prescribed by regulation 40 are prescribed.\nPart 8—The teaching service\nDivision 1—Appointment\n42—Merit‑based selection processes\n\t(1)\tFor the purposes of section 98(1) of the Act, the following requirements apply to selection processes:\n\t(a)\tthe Chief Executive must cause applications to be sought in accordance with any determination of the Chief Executive;\n\t(b)\tthe Chief Executive must—\n\t(i)\tselect an applicant on the basis of merit; or\n\t(ii)\tcause the selection of an applicant on the basis of merit from amongst applicants in a pool of applicants established in accordance with this regulation.\n\t(2)\tThe Chief Executive may establish a pool of applicants by any of the following methods, or a combination of such methods:\n\t(a)\tby calling for applications for inclusion in the pool and selecting from such applicants (on the basis of merit) those who will be included in the pool;\n\t(b)\tby selecting persons (on the basis of merit) from within a pool already established under paragraph (a);\n\t(c)\tby selecting persons who were unsuccessful applicants for appointment to, or within, the teaching service within the preceding 12 months (being a person who was eligible for the appointment),\nin each case in accordance with any determination of the Chief Executive.\n\t(3)\tSubject to these regulations and to any Act or law, the Chief Executive may determine any other provision relating to the establishment and operation of pools of applicants.\n\t(4)\tIf appropriate, other additional means may be used to seek applications, including advertising in newspapers or specialist publications, on Internet sites or by email or through recruitment agencies.\n43—Application for appointment to the teaching service\n\t(1)\tAn applicant for appointment to the teaching service must—\n\t(a)\tbe registered as a teacher under the Teachers Registration and Standards Act 2004 or be eligible for registration as a teacher under that Act; or\n\t(b)\thold a special authority to teach under the Teachers Registration and Standards Act 2004 that is in force.\n\t(2)\tAn application under this Part—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\n\t(b)\tmust be accompanied by such information or documents as the Chief Executive may require; and\n\t(c)\tmust, if the Chief Executive so requires, be accompanied by a certificate from an approved legally qualified medical practitioner that the applicant is of sound health and free from any physical or mental condition likely to impair the applicant's efficiency in the performance of the duties the applicant would be required to undertake if appointed.\n\t(3)\tSubject to any other Act or law, the Chief Executive may choose to limit applicants to officers of the teaching service or teachers, or officers or teachers of a specified class.\n\t(4)\tAn applicant must not provide information under this regulation that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular).\nMaximum penalty: $5 000.\n44—Application for inclusion in pool of applicants\n\t(1)\tAn application for inclusion in a pool of applicants for the purposes of these regulations—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\n\t(b)\tmust be accompanied by such information or documents as the Chief Executive may require.\n\t(2)\tSubject to any other Act or law, the Chief Executive may choose to limit applicants to officers of the teaching service or teachers, or officers or teachers of a specified class.\n45—Exceptions to requirement for merit‑based selection processes\n\t(1)\tFor the purposes of section 98(2)(b) of the Act, circumstances consisting of the appointment of an officer to a position that is not a promotional position are prescribed.\n\t(2)\tFor the purposes of section 98(2)(c), the following circumstances are prescribed:\n\t(a)\tthe appointment of a person as an officer of the teaching service as a term or casual employee;\n\t(b)\tthe appointment of a person as an officer of the teaching service in accordance with a rehabilitation and return to work plan under the Return to Work Act 2014;\n\t(c)\tif, in a particular case, the Chief Executive determines that special circumstances exist warranting the appointment of a person as an officer of the teaching service without the conduct of merit‑based selection processes, taking into account—\n\t(i)\tthe person's 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(ii)\tif relevant—\n\t(A)\tthe manner in which the person carried out any previous employment or occupational duties or functions; and\n\t(B)\tthe extent to which the person has potential for development;\n\t(d)\tthe promotion of an officer of the teaching service as a result of a determination of the Chief Executive affecting classification structures.\n46—Probation—term employee\nFor the purposes of section 101(3) of the Act, the period of probation of a person appointed to the teaching service as a term employee is such period as may be determined by the Chief Executive (either in relation to a specified person or a specified class of persons).\n47—Condition of employment\nIt is a condition of employment of each officer appointed to the teaching service that the officer will, if so required, serve in any part of the State during any period of the officer's service.\nDivision 2—Duties, classification, promotion and transfer\n48—Assignment of duties and transfer to non‑teaching position within Department\n\t(1)\tPursuant to section 102(4) of the Act, an officer of the teaching service who is transferred from a teaching position (the original position) to an administrative or other position that is not a teaching position (the new position) may be transferred on conditions and remuneration that equate to the conditions and remuneration applicable to the new position (including, to avoid doubt, where those conditions and remuneration amount to a reduction of the conditions and remuneration applicable to the original position).\n\t(2)\tPursuant to section 102(4) of the Act, an officer of the teaching service may be transferred from a teaching position to an administrative or other specified position on the grounds that the Chief Executive has lost trust or confidence in the officer to satisfactorily perform the duties of an officer of the teaching service.\n50—Reclassification applications\n\t(1)\tPursuant to section 105(5) of the Act, an officer of the teaching service may not make an application for reclassification to—\n\t(a)\tHighly Accomplished Teacher (HAT); or\n\t(b)\tLead Teacher (Lead); or\n\t(c)\tAdvanced Skills Teacher level 2 (AST2).\n\t(2)\tPursuant to section 105(5) of the Act, if an application for reclassification is approved by the Chief Executive, the reclassification will be effective from the day on which the application was made in accordance with the Act.\n51—Appointments to promotional level positions\n\t(1)\tFor the purposes of section 106(2) of the Act, a call for applications by the Chief Executive in relation to a position in the teaching service at a promotional level—\n\t(a)\tmay be made in a manner determined by the Chief Executive; and\n\t(b)\tmust, in any event, be published on a website determined by the Chief Executive.\n\t(2)\tFor the purposes of section 106(4)(d) of the Act, the following kinds of appointments are prescribed:\n\t(a)\tan appointment changing the basis on which a person is engaged as an ongoing employee, or re‑engaging the person as a term employee, if the person was engaged following a selection process conducted on the basis of merit and the person is to continue to perform the same or similar duties;\n\t(b)\tan appointment of a person in relation to which the Chief Executive determines that special circumstances exist warranting the engagement of a person without the conduct of merit‑based selection processes, taking into account—\n\t(i)\tthe person's 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(ii)\tif relevant—\n\t(A)\tthe manner in which the person carried out any previous employment or occupational duties or functions; and\n\t(B)\tthe extent to which the person has potential for development.\n52—Acting appointments\n\t(1)\tAn officer of the teaching service appointed by the Chief Executive to a position classified at a promotional level in an acting capacity will, if the officer occupies the position for a period of more than 1 week, be entitled to receive salary and increments, as from the date of the acting appointment and while the officer occupies the position, as if the officer had been appointed to the position by the Chief Executive under Part 9 of the Act.\n\t(2)\tIf an officer of the teaching service, while acting in a position as referred to in subregulation (1), is appointed to the position by the Chief Executive under Part 9 of the Act, the period for which the officer acted in the position up until the appointment by the Chief Executive will, for all purposes, be added to and taken to form part of the period for which the officer occupies the position as a result of the appointment by the Chief Executive.\nDivision 3—Leave of absence\n53—Leave on the ground of illness\n\t(1)\tSubject to this Division, the Chief Executive may grant leave of absence with pay on the ground of illness to an officer of the teaching service for a period not exceeding the leave standing to the credit of that officer.\n\t(2)\tSubject to these regulations, the leave standing to the credit of an officer of the teaching service, whether appointed before or after the commencement of the Act is—\n\t(a)\t10 working days on appointment; plus\n\t(b)\t10 working days on each first day of January succeeding the officer's day of appointment,\nand in each case deducting from the total so obtained the number of working days in respect of which leave has been taken under this regulation or under the repealed regulations.\n\t(3)\tFor the purposes of this regulation, if a person who has previously been in prescribed employment (within the meaning of section 113 of the Act) is appointed as an officer of the teaching service and the person's service in the prescribed employment is continuous with their service as an officer of the teaching service, the sick leave credit to which the officer is entitled under this regulation is to be determined on the basis that the person's service in the prescribed employment is service in the teaching service (however, if the amount of sick leave taken by the person in the prescribed employment is not accurately known, the Chief Executive may determine the amount of leave to stand to the credit of the officer).\n\t(4)\tIf the period of absence of an officer of the teaching service on the ground of illness exceeds 3 days at any time, the application for leave must be accompanied by a medical certificate.\n\t(5)\tDespite subregulation (4), the Chief Executive may require an officer of the teaching service to produce a medical certificate of the existence of the illness of that officer where the officer's leave of absence on the ground of illness is 3 days or less.\n\t(6)\tIf a medical certificate is not produced by an officer of the teaching service as required by this regulation the leave will be without pay.\n\t(7)\tIf an officer of the teaching service who is on long‑service leave produces a medical certificate or other evidence satisfactory to the Chief Executive that the officer has been confined to a residence or to a hospital for a period of at least 14 days while on that leave, the officer may, with the approval of the Chief Executive, elect to convert that portion of long‑service leave during which the officer was so confined to a debit against the officer's sick‑leave credits (however, no such conversion may be granted to an officer who has received payment for long‑service leave on retirement, resignation, retrenchment or termination of services).\n54—Skills and experience retention leave entitlement\n\t(1)\tFor the purposes of section 107(5)(b) of the Act—\n\t(a)\tthe amount of $180 (indexed) for each working day of skills and experience retention leave accrued during a particular financial year (which will be reduced on a pro rata basis in relation to a part of a working day and in relation to part time work) is fixed by these regulations; and\n\t(b)\tan entitlement to such leave may be converted to the amount fixed under paragraph (a) if an election is made to the Chief Executive, in a manner determined by the Chief Executive, by 31 August immediately following the financial year in which the entitlement accrues; and\n\t(c)\tan amount payable on account of an election under paragraph (b) will be paid to the officer at a time, and in a manner, determined by the Chief Executive for the purposes of this paragraph; and\n\t(d)\tan amount payable in relation to a part of a working day or part time work will be determined in a manner determined by the Chief Executive.\n\t(2)\tThe amount of $180 (indexed) referred to in subregulation (1)(a) is to be adjusted on an annual basis (commencing in relation to days accrued in the 2013/2014 financial year) by multiplying that amount by a proportion obtained by dividing the Consumer Price Index for the March quarter in the immediately preceding financial year by the Consumer Price Index for the March quarter, 2012 (with an adjustment applying according to when a leave entitlement accrues rather than when a payment is made).\n\t(3)\tAn amount determined under subregulation (2) is to be rounded up or down to the nearest $1 (and if the amount to be rounded is 50 cents, then the amount is to be rounded up).\n\t(4)\tIn this regulation—\nConsumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics.\n55—Long service leave on half pay\nDespite any other provision of this Part, if an officer of the teaching service takes a period of long‑service leave on half pay pursuant to section 108 of the Act, the officer will, for the purposes of long‑service leave and sick‑leave credits, be deemed to be on full pay for the first half of such period and on leave without pay for the remainder of that period.\n56—Absence to be reported\n\t(1)\tIf an officer of the teaching service is absent from duty, the officer must apply to the Chief Executive for leave of absence.\n\t(2)\tAn application—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\n\t(b)\tmust be made through the principal of the relevant school, or director of the relevant stand‑alone preschool, or such other person as may be determined by the principal or director (as the case requires); and\n\t(c)\tmay, if the officer is unable to apply for leave of absence themselves, be made on behalf of the officer.\n57—Special leave\n\t(1)\tThe Chief Executive may grant to an officer of the teaching service special leave—\n\t(a)\twith pay; or\n\t(b)\twith part pay; or\n\t(c)\twithout pay,\nfor such period and on such conditions as the Chief Executive may determine.\n\t(2)\tThe Chief Executive may vary or revoke a condition of special leave granted under this regulation.\n\t(3)\tSpecial leave granted under this regulation is in addition to any other leave that an officer may be entitled to under these regulations.\n58—Special provision relating to maternity leave\nIf it is not reasonably practicable to offer an officer of the teaching service who is on maternity leave a suitable appointment at the end of the period of maternity leave, the Chief Executive may extend the officer's maternity leave until the end of the school vacation period following the end of the school year during which the period of maternity leave would, but for the extension, have ended (including, to avoid doubt, an officer of the teaching service employed at a stand‑alone preschool).\n59—Infectious diseases and special leave\n\t(1)\tIf an officer of the teaching service is absent from duty and—\n\t(a)\tthe officer produces a medical certificate that indicates that they are suffering from a disease of a kind determined by the Chief Executive for the purposes of this regulation; and\n\t(b)\tthe principal of the relevant school, or the director of the relevant stand‑alone preschool, provides a statement in writing to the effect that it is reasonably likely that the disease was contracted by the officer as a result of contact with students, children or staff at the school or preschool while on duty,\nthe officer is to be granted special leave with pay (and such leave is not to be debited to the officer's sick leave credits).\n\t(2)\tThe leave granted under this regulation in relation to a particular disease may not exceed 52 weeks (whether taken as a continuous period or as separate periods).\n60—War service sick leave\n\t(1)\tThe Chief Executive may grant war service sick leave to an officer of the teaching service who submits evidence of a kind determined by the Chief Executive that they are absent because of a disability of a kind determined by the Chief Executive for the purposes of this regulation (being a disability due to war service).\n\t(2)\tWar service sick leave may be granted for such period and on such conditions as the Chief Executive may determine.\n\t(3)\tThe Chief Executive may vary or revoke a condition of war service sick leave granted under this regulation.\n61—Continuity of service\n\t(1)\tThe continuity of service of an officer of the teaching service will be taken not to be broken by leave of absence granted under this Division and—\n\t(a)\tin the case of any leave of absence in respect of which the officer is paid full salary—the period of leave will count as service for the purposes of determining sick leave entitlement; and\n\t(b)\tin any other case—the Chief Executive may determine to what extent, if any, a period of leave will be counted as service for the purposes of determining sick leave entitlement (and such determination will have effect according to its terms).\n\t(2)\tIf, in a determination under subregulation (1)(b), the Chief Executive determines that a period of leave does not count as service for the purposes of determining sick leave entitlements, the credit in each year provided for in regulation 53 is to be reduced by 1 day for each complete 4 weeks of that period of leave, up to a maximum of 10 working days in any year.\n\t(3)\tIf the employment of an officer of the teaching service is terminated under section 120 of the Act on the grounds that the officer is physically or mentally incapable of performing duties satisfactorily and the officer is subsequently reappointed as an officer of the teaching service, the officer's continuous service before termination and after reappointment will be taken into account as though that service was continuous.\nDivision 4—Absence from duty\n62—Absence from duty\n\t(1)\tIf an officer of the teaching service is absent from their place of work during their ordinary hours of duty (or other hours as directed), or has otherwise not discharged their duties, as a result of industrial action taken by the officer, then the Chief Executive may direct that the salary of the officer is to be reduced by such an amount as is equal to—\n\t(a)\tone‑tenth of the officer's fortnightly salary for each full day of absence or failure to discharge duty; or\n\t(b)\tone‑twentieth of the officer's fortnightly salary for each half day of absence or failure to discharge duty; or\n\t(c)\tone seventy‑fifth of the officer's fortnightly salary for each hour (or part hour) of absence or failure to discharge duty where the absence or failure to discharge duty is less than one half day.\n\t(2)\tA direction of the Chief Executive under subregulation (1) will have effect according to its terms.\n\t(3)\tFor the purposes of this regulation, the fortnightly salary of an officer of the teaching service appointed on a part time basis is the fortnightly salary that officer would be entitled to receive if the officer were appointed on a full time basis.\nDivision 5—Salaries and allowances\n63—Salary above minimum\nIf an appointment to the teaching service is made—\n\t(a)\tthat is the first appointment of a person as an officer of the teaching service; or\n\t(b)\tthat involves transfer of an officer of the teaching service from 1 position to another; or\n\t(c)\tin such other circumstances as determined by the Chief Executive,\nthe Chief Executive may approve a commencing salary within the range of the scale provided for the new position at a rate higher than the rate fixed for the minimum of that position, and that salary is to be paid accordingly.\n64—Positions not covered in an award\nThe Chief Executive may determine the remuneration to be paid to an officer of the teaching service in respect of special work performed in a temporary capacity and in relation to which no award applies.\n65—Deduction from salaries of rents for certain residences\nIf an officer of the teaching service occupies for residential purposes any building or part of a building owned or leased by the Minister, rent at an approved rate may be deducted from that officer's salary fortnightly.\n66—Travelling expenses\nAn officer of the teaching service undertaking approved travel in connection with their duties is to be reimbursed for expenses reasonably and actually incurred at the same rates as apply to a Public Service employee (however, the Chief Executive may, if the Chief Executive determines that it is reasonable to do so in order to reimburse the officer concerned for their reasonable out of pocket expenses, be reimbursed at a higher rate determined by the Chief Executive).\nDivision 6—Disciplinary action and management of unsatisfactory performance\n67—Disciplinary action\nFor the purposes of section 114(4) of the Act, if the Chief Executive has reclassified an officer of the teaching service found guilty of misconduct under section 114(1)(d) of the Act, the Chief Executive may determine that the officer is not permitted to apply for, or be appointed to, a promotional level position for such period of time, not exceeding 3 years, as determined by the Chief Executive.\n68—Scheme for reduction in remuneration level\nFor the purposes of section 116(3) of the Act, the scheme determined by the Chief Executive is prescribed.\nDivision 7—Miscellaneous\n69—Cost of medical examination\nThe costs of a medical examination under section 118 of the Act are to be met by the Minister.\n70—Compliance with policies and instructions\nAn officer of the teaching service is required to comply with any policies or instructions developed, adopted or given by the Chief Executive under the Act.\n71—Impartiality of instruction\nIf an officer of the teaching service, in the course of the officer's duties, finds it necessary to discuss contentious issues with their students, it is incumbent upon them to present those issues fairly and reasonably.\n72—Responsibilities of principals etc and officers of teaching service\n\t(1)\tA principal of a Government school, and the director of a stand‑alone preschool, is answerable to the Chief Executive and is responsible for the following:\n\t(a)\tproviding educational leadership in the school or preschool;\n\t(b)\tthe governance of the school or preschool (being a joint responsibility with the governing council of the school or preschool);\nNote—\nSee sections 23(a) and 41(1)(a) of the Act.\n\t(c)\tleading improvement processes and practices to achieve outcomes for students and children in the school or preschool;\n\t(d)\tthe management of the day‑to‑day operations of the school or preschool;\n\t(e)\tthe welfare and development of students and children at the school or preschool;\n\t(ea)\tin the case of a principal—the monitoring, identifying and reporting of the failure of students to attend at the school;\n\t(f)\tthe establishment and maintenance of an inclusive social and educational environment within the school or preschool favourable to—\n\t(i)\tlearning; and\n\t(ii)\tacceptable forms of behaviour; and\n\t(iii)\tthe development within students and children of self‑control, self‑discipline and a respect for other persons and their property;\n\t(g)\tthe provision, and the day‑to‑day management of the provision, of instruction at the school or preschool in accordance with any curriculum determined by the Chief Executive;\n\t(h)\tensuring that staff, students and persons who are responsible for students and children at the school or preschool are consulted about, and informed of, the disciplinary rules governing the behaviour of students and children both inside and outside the classroom;\n\t(i)\tthe administration of discipline within the school or preschool;\n\t(j)\tpromoting the continuing professional development of the staff of the school or preschool;\n\t(k)\tencouraging staff of the school or preschool to participate in processes for determining policies for the school or preschool and resolving problems;\n\t(l)\tthe conduct of regular staff meetings—\n\t(i)\tas an integral part of decision making and communication within the school or preschool; and\n\t(ii)\tin a manner providing full opportunity for staff involvement;\n\t(m)\tkeeping the governing council informed of relevant educational and other policies;\n\t(n)\tfostering community participation in programs and in educational developments generally;\n\t(o)\tthe proper keeping of records and for the prompt preparation and provision of all Departmental returns;\n\t(p)\tthe proper care and safekeeping of the property of the school or preschool.\n\t(2)\tAn officer of the teaching service employed at a school or stand‑alone preschool is answerable to the principal of the school or the director of the stand‑alone preschool (as the case requires) and is responsible for the following:\n\t(a)\tbeing actively concerned with the welfare and development of the students or children in the officer's care;\n\t(ab)\tin the case of an officer of the teaching service employed at a school—the monitoring, identifying and reporting of the failure of students to attend at the school;\n\t(b)\timplementing improvement processes and practices to achieve outcomes for students and children in the school or preschool as determined by the principal of the school or the director of the preschool;\n\t(c)\tattending staff meetings (subject to the acceptance of non‑attendance on grounds similar to those applying to absence from other teaching duties or for reasons acceptable to the principal or director);\n\t(d)\tparticipating in processes for determining policies for the school or preschool and properly implementing those policies;\n\t(e)\tassisting in the general management of the school or preschool as required by the principal or director.\n73—Officers of teaching service not to incur liability on behalf of Government\n\t(1)\tExcept as may be otherwise authorised under the Act, an officer of the teaching service must not incur or attempt to incur any liability on behalf of the Government or the Minister, nor make, attempt to make, alter or attempt to alter any contract on behalf of the Government or the Minister without the written authority of the Chief Executive.\n\t(2)\tHowever, nothing in subregulation (1) prevents an officer of the teaching service from taking such action as the officer considers reasonably necessary to obtain the services of a legally qualified medical practitioner, or to hire a suitable conveyance to convey the student to a place suitable for treatment, in the case where a student becomes unwell or is injured. \n\t(3)\tAny costs or expenses of a kind referred to in subregulation (2) incurred by or on behalf of an officer of the teaching service may be recovered by the Chief Executive by action in a court of competent jurisdiction 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 cost or expense as a debt; or\n\t(b)\tin any other case—the student is liable for the cost or expense as a debt.\n74—Report to be provided to Chief Executive where certain legal proceedings commenced\nIf any legal proceedings are commenced against an officer of the teaching service (being proceedings arising out of an alleged act or omission of the officer relating to a student or child, and occurring in the course of the officer's employment at a school or stand‑alone preschool at which the officer is employed) the officer must, as soon as is reasonably practicable, provide a full report in writing of the circumstances to the Chief Executive.\n75—Scholarships etc for teachers\n\t(1)\tA scholarship or award that was available to teachers (whether officers of the teaching service or otherwise) immediately prior to the commencement of this regulation will—\n\t(a)\tcontinue in force under the conditions existing immediately prior to that commencement; and\n\t(b)\tcontinue to be known by the names by which they were known immediately prior to that commencement,\nuntil such conditions and names are varied by the Minister, or the scholarship or award is withdrawn by the Minister.\n\t(2)\tIn any case where money or property, real or personal, is made available for the purpose of founding a scholarship or award for teachers, the Minister may accept such money or property and may grant scholarships or make awards in accordance with any agreement entered into at the time such money or property becomes available, or, where no agreement is entered into, on such terms as the Minister thinks fit.\n\t(3)\tThe Minister may provide scholarships to teachers for such purposes and on such conditions as the Minister may determine and may withdraw any such scholarship for any reason the Minister thinks fit.\n76—Resignation to contest an election\n\t(1)\tIf—\n\t(a)\tan officer of the teaching service—\n\t(i)\tresigns from the teaching service in order to become a candidate for election as a member of a House of Parliament of the State or Commonwealth; and\n\t(ii)\twas a candidate at that election; and\n\t(iii)\twas not elected at that election; and\n\t(b)\tthe resignation took effect not earlier than 1 month before the date on which nominations for the election closed; and\n\t(c)\tthe person applies in writing to the Chief Executive for reappointment to the teaching service within 4 weeks after the declaration of the results of that election,\nthe Chief Executive must reappoint the person to the teaching service at a status and salary appropriate to the position which the person held immediately prior to their resignation.\n\t(2)\tA person reappointed under this regulation will be taken to have continued in the teaching service as if the person had not resigned, but had been on leave of absence without pay during the period from the day on which their resignation became effective to the day immediately preceding the day on which the person was reappointed.\nPart 9—Other employment and staffing arrangements\n77—Application of Part 7 and Schedule 1 of the Public Sector Act 2009 to employees under Part 10 of Act\nPursuant to section 122(4)(c) of the Act, employees, or employees of a class, specified by the Chief Executive are declared to be included within the ambit of that subsection.\nPart 10—Appeals\n78—Certain decisions not reviewable\nFor the purposes of section 124(1) of the Act, the following decisions and determinations are prescribed:\n\t(a)\ta decision to appoint an officer of the teaching service as a consequence of selection processes conducted on the basis of merit;\n\t(b)\ta decision affecting or relating to a casual employee;\n\t(c)\ta decision not to reappoint a term employee at the end of the employee's term of employment;\n\t(d)\ta decision to appoint, transfer or promote an officer of the teaching service to the extent that it affects another officer;\n\t(e)\ta decision to change the duties of an officer of the teaching service to the extent that it affects another officer;\n\t(f)\ta decision to suspend an officer of the teaching service from duty with remuneration;\n\t(g)\ta decision that the salary of an officer of the teaching service be reduced arising from the officer's refusal or failure to carry out their duties;\n\t(h)\ta decision to transfer an officer of the teaching service that does not reduce the officer's remuneration;\n\t(i)\ta decision to transfer an officer of the teaching service who is residing in premises other than government housing that does not reasonably require the officer to change their place of residence and does not reduce the officer's remuneration;\n\t(j)\ta decision to transfer an officer of the teaching service who is residing in government housing that does not reduce the officer's remuneration;\n\t(ja)\ta determination of, or that relates to, the period of probation of an officer of the teaching service;\n\t(k)\ta decision to terminate the employment of an officer of the teaching service who is on probation;\n\t(l)\ta decision under section 106(6) of the Act after considering an application submitted under section 106(2)(a) of the Act.\n79—Election of officers of the teaching service as supplementary panel members for SAET\n\t(1)\tElections must be held in accordance with this regulation whenever there is a vacancy in the membership of a panel of officers of the teaching service under section 124(3)(b) of the Act.\n\t(2)\tThe Branch Returning Officer of the AEU must publish in a publication that is circulated to members of the AEU a notice specifying—\n\t(a)\tthe number of vacancies to be filled; and\n\t(b)\tthe date, (being not less than 21 days after the date of the notice) and the hour by which nominations for candidates for election to those vacancies must be received by the Branch Returning Officer; and\n\t(c)\tsuch other information as the Branch Returning Officer thinks fit.\n\t(3)\tA nomination of a candidate for election must be—\n\t(a)\tin writing; and\n\t(b)\tsigned by the candidate; and\n\t(c)\tsigned by 2 other members of the AEU; and\n\t(d)\tlodged with the Branch Returning Officer of the AEU not later than the time fixed in the notice for the closure of nominations.\n\t(4)\tIf the number of candidates duly nominated is the same as or is less than the number of vacancies to be filled, the Branch Returning Officer of the AEU must declare those candidates to be duly elected.\n\t(5)\tIf the number of candidates duly nominated is greater than the number of vacancies to be filled, an election must be held at a meeting of the Branch Council of the AEU.\n\t(6)\tIn this regulation—\nAEU means the Australian Education Union (SA Branch).\n80—Selection of panel members for particular SAET proceedings\nIf the President of SAET determines under section 124(4) of the Act that SAET is to sit with supplementary panel members for the purposes of particular proceedings, the President must not select a person who—\n\t(a)\tperformed the action or made the decision, determination, recommendation or provisional appointment to which the proceedings relate; or\n\t(b)\tis employed in that division or group of the Department of which the applicant in the proceedings is a member.\nPart 11—Financial provisions\nDivision 1—Materials and services charges for schools\n81—Prescribed amount\n\t(1)\tFor the purposes of section 129(2)(c) of the Act, the prescribed amount is—\n\t(a)\tin the case of a student enrolled at a primary level—$244 multiplied by the relevant indexation factor; or\n\t(b)\tin the case of a student enrolled at a secondary level—$322 multiplied by the relevant indexation factor.\n\t(1a)\tThe prescribed amount calculated in accordance with this regulation is to be rounded to the nearest dollar.\n\t(2)\tIn this regulation—\nCPI means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics;\nrelevant indexation factor means 1 or the quotient obtained by dividing the CPI for the quarter ending 30 June in the year immediately preceding the year for which the materials and services charges are payable by the CPI for the quarter ending 30 June 2019, whichever is the greater;\nrounded to the nearest dollar means that, where the calculated amount is not an exact multiple of 1 dollar, it is to be rounded up or down to the nearest multiple of 1 dollar (and if the amount to be rounded is 50 cents or more, then the amount is to be rounded up).\n82—Requirement for written notice of materials and services charge\nFor the purposes of section 129(2)(h) of the Act, a written notice must—\n\t(a)\tspecify the amount of the materials and services charge; and\n\t(b)\tidentify the amount of the charge (if any) that is payable for materials or services that will only be provided to or for the student on payment, or an agreement for payment; and\n\t(c)\tspecify the period (being not less than 14 days), within which payment is required; and\n\t(d)\tbe in a form approved by the Chief Executive.\n83—Recovery of debt to comply with Chief Executive's directions etc\n\t(1)\tPursuant to section 129(5) of the Act, the recovery of a debt must comply with any directions given, or guidelines determined by, the Chief Executive (including, to avoid doubt, directions or guidelines limiting the circumstances in which a debt, or a specified portion of a debt, may be recovered by or on behalf of a governing council of a school).\n\t(2)\tPursuant to section 129(5) of the Act, a part of a debt consisting of an amount referred to in regulation 82(b) that is the subject of an agreement for payment may only be recovered to the extent of the amount so agreed.\nDivision 2—Other fees and charges\n84—Charges for certain overseas and non‑resident students\nFor the purposes of section 130(1)(c) of the Act, the following kinds of visa are prescribed:\n\t(a)\ta temporary work (skilled) visa (subclass 457);\n\t(b)\ta temporary skill shortage visa (subclass 482);\n\t(ba)\ta Skills in Demand visa (subclass 482);\n\t(c)\ta student visa that is—\n\t(i)\ta Subclass 500 (Student) visa that relates to study in the vocational education and training, higher education or postgraduate research sectors; or\n\t(ii)\ta Subclass 572 (Vocational Education and Training Sector) visa; or\n\t(iii)\ta Subclass 573 (Higher Education Sector) visa; or\n\t(iv)\ta Subclass 574 (Postgraduate Research Sector) visa.\nDivision 3—Provision of materials in cases of hardship\n85—Chief Executive may provide materials etc in cases of hardship\nIf a person who is responsible for a child satisfies the Chief Executive that payment for necessary books, apparatus, materials or equipment for the child would inflict hardship on the person, the Chief Executive may authorise such items as the Chief Executive determines to be provided for the use of that child at no charge.\nDivision 4—School funds etc\n86—School funds etc\n\t(1)\tFunds provided by the Minister to—\n\t(a)\ta school; or\n\t(b)\ta stand‑alone preschool or children's services centre established after the commencement of this regulation; or\n\t(c)\ta governing council or affiliated committee of a school, or such a stand‑alone preschool or children's services centre,\nsubject to any direction or instruction of the Minister to the contrary—\n\t(d)\tmay only be expended for purposes related to the school, stand‑alone preschool or children's services centre (as the case requires); and\n\t(e)\ttogether with any property purchased with the funds, belong to the Minister.\n\t(2)\tA governing council or affiliated committee is responsible for ensuring that proper accounts are kept of its funds.\nPart 12—Information gathering etc\n87—Sharing of information between certain persons and bodies\n\t(1)\tFor the purposes of section 14(1)(f) of the Act, the following persons and bodies are declared to be included in the ambit of that subsection:\n\t(a)\tprescribed health professionals;\n\t(b)\tCatholic Education South Australia;\n\t(c)\tThe Association of Independent Schools of South Australia.\n\t(2)\tIn this regulation—\nprescribed health professionals means—\n\t(a)\tmedical practitioners;\n\t(b)\tpsychologists;\n\t(c)\tsocial workers holding qualifications or accreditation of a kind from time to time approved by the Chief Executive by notice in the gazette.\n88—Approved learning program providers to provide certain information to Minister\n\t(1)\tThe Minister may, for a purpose related to the administration or enforcement of Part 7 Divisions 1 and 2 of the Act, by notice in writing, require a head of an approved learning program to provide to the Minister specified information in relation to the approved learning program, or any child of compulsory education age who is enrolled in the approved learning program, or both.\n\t(2)\tThe information required under subregulation (1) must be provided—\n\t(a)\tin writing; and\n\t(b)\tnot later than the date specified in the notice.\n\t(3)\tA head of an approved learning program must not, without reasonable excuse, refuse or fail to comply with a requirement under subregulation (1).\nMaximum penalty: $2 500.\n\t(4)\tA head of an approved learning program must not, in providing any information pursuant to a requirement under subregulation (1), make a statement that is false or misleading in a material particular.\nMaximum penalty: $2 500.\n89—Person responsible for student to notify principal of school etc where change in information\n\t(1)\tA person who is responsible for a student enrolled in a school or an approved learning program must notify the principal of the school or the head of the approved learning program (as the case requires) if there is a change in any or all of the information provided to the principal or head on enrolment of the student.\n\t(2)\tA notification under subregulation (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(2a)\tA person who gives notification under subregulation (1) must provide such further information or documents as may be required by the principal of the school or the head of the approved learning program (as the case requires) to verify the change in the information to which the notification relates.\n\t(3)\tA person who, without reasonable excuse, refuses or fails to comply with a requirement under this regulation is guilty of an offence.\nMaximum penalty: $2 500.\n90—Schools to provide certain information\n\t(1)\tThis regulation applies in relation to a child of compulsory school age who is in year 9.\n\t(2)\tA school must provide to the SACE Board of South Australia the following information in relation to each child to whom this regulation applies (being a student who is enrolled in the school at the commencement of week 3 of term 1 in each year):\n\t(a)\tthe full name of the child;\n\t(b)\tthe date of birth of the child;\n\t(c)\tthe approved learning program in which the child intends to enrol (if known).\n\t(3)\tThe information required under subregulation (2) must be provided—\n\t(a)\tin a manner and form determined by the Chief Executive; and\n\t(b)\tnot later than 31 December in the year in which the child is in year 9.\n\t(4)\tA school must not, without reasonable excuse, refuse or fail to comply with subregulation (2).\nMaximum penalty: $500.\nPart 13—Miscellaneous\n91—Regulation of traffic on premises of Government schools and Government stand‑alone preschools and children's services centres\n\t(1)\tThe principal of a Government school, or the director of a Government stand‑alone preschool or children's services centre, in consultation and agreement with the governing council of the school, stand‑alone preschool or children's services centre may, subject to the approval in writing of the Chief Executive, set aside a portion of the premises of the school, stand‑alone preschool or children's services centre for the parking of vehicles.\n\t(2)\tA person must not drive a vehicle on the premises of a Government school or Government stand‑alone preschool or children's services centre except for a purpose connected with the business and operation of the school, stand‑alone preschool or children's services centre.\nMaximum penalty: $125.\nExpiation fee: $55.\n\t(3)\tA person driving a vehicle on the premises of a Government school or Government stand‑alone preschool or children's services centre must, where there is an area on the premises reserved for the parking of vehicles and defined by appropriate markings or a notice erected in that area, park the vehicle in that defined area and in no other place.\nMaximum penalty: $125.\nExpiation fee: $55.\n\t(4)\tA person who parks a vehicle anywhere on the premises of a Government school or Government stand‑alone preschool or children's services centre does so at the person's own risk, or where the person is not the owner of the vehicle, then at the risk of the owner of the vehicle.\n\t(5)\tA person must not drive a vehicle on the premises of a Government school or Government stand‑alone preschool or children's services centre—\n\t(a)\twithout due care or attention or without reasonable consideration for other persons who are on those premises; or\n\t(b)\tat a speed greater than 20 km/h, except where notices indicate otherwise.\nMaximum penalty: $125.\nExpiation fee: $55.\n\t(6)\tA person who drives a vehicle on the premises of a Government school or Government stand‑alone preschool or children's services centre must comply with—\n\t(a)\tall signs erected for controlling vehicular traffic on those premises; and\n\t(b)\tany reasonable instruction given to the person by the principal of the school or the director of the stand‑alone preschool or children's services centre or a person authorised by the principal or director for the purpose of regulating vehicular or pedestrian traffic or otherwise maintaining order within the premises of the school, stand‑alone preschool or children's services centre.\nMaximum penalty: $125.\nExpiation fee: $55.\n\t(7)\tThe driver or the registered owner of a vehicle (or both) must make good any damage caused by the use of that vehicle to property of the Minister and shall indemnify and keep indemnified the Minister in respect of any claim for damages for injuries to any person caused by the driver's negligent driving of that vehicle on the premises of the school, stand‑alone preschool or children's services centre.\n92—Records and documents property of Minister\n\t(1)\tSubject to the Act, and any other Act or law, all prescribed Government records and documents will be taken to be the property of the Minister, and the information contained in those records and documents is to be treated as confidential.\n\t(2)\tThe principal of a Government school, or the director of a stand‑alone preschool or children's services centre established after the commencement of this regulation, must not permit the removal of prescribed Government records and documents from the school, preschool or children's services centre unless authorised to do so by the Chief Executive.\n\t(3)\tIn this regulation—\nprescribed Government records and documents means—\n\t(a)\tany records or documents of a Government school; or\n\t(b)\tany records or documents of a stand‑alone preschool established after the commencement of this regulation; or\n\t(c)\tany records or documents of a children's services centre established after the commencement of this regulation.\nSchedule 1A—Fees (Registration of student exchange organisations)\n1—Preliminary\n\t(1)\tIn this Schedule—\nCPI means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics;\nrelevant indexation factor means—\n\t(a)\t1; or\n\t(b)\tthe quotient obtained by dividing the CPI for the quarter ending 30 September in the year immediately preceding the year for which a particular fee is payable by the CPI for the quarter ending 30 September 2021,\nwhichever is the greater;\nrounded to the nearest dollar means that, where the calculated amount is not an exact multiple of 1 dollar, it is to be rounded up or down to the nearest multiple of 1 dollar (and if the amount to be rounded is 50 cents or more, then the amount is to be rounded up).\n\t(2)\tFor the purposes of this Schedule, if the amount of a prescribed fee is followed by the word (indexed), the amount of the prescribed fee will be taken to be—\n\t(a)\tuntil 31 December 2022—the amount so prescribed; and\n\t(b)\tin relation to the period of 12 months commencing on 1 January 2023—the amount of the fee so prescribed multiplied by the relevant indexation factor; and\n\t(c)\tin relation to the period of 12 months commencing on 1 January in any subsequent year—the amount of the fee for the preceding period of 12 months ending on 1 December multiplied by the relevant indexation factor.\n\t(3)\tThe amount of a fee payable in accordance with this Schedule is to be rounded to the nearest dollar.\n2—Fees\n\n1\nApplication fee for registration as a student exchange organisation (section 85(2)(c) of the Act)\n$2 500 (indexed)\n2\nAnnual registration fee (section 86(1) of the Act)\n$300 (indexed)\nSchedule 2—Transitional provisions\n1—Certain policies relating to enrolment to continue\nPursuant to section 141(3)(c) of the Act, a policy published by the Minister under regulation 60(2) of the Education Regulations 2012 and in force immediately before the commencement of Part 3 of the Education and Children's Services Act 2019—\n\t(a)\twill continue in accordance with its terms; and\n\t(b)\twill be taken to be a policy published under regulation 12.\n2—Continuation of reviews commenced under Education Act 1972\n\t(1)\tPursuant to section 141(3)(c) of the Act, a review commenced but not completed under Part 2A of the Education Act 1972 before the commencement of Part 5 Division 3 of the Act—\n\t(a)\twill be taken to continue as a review under section 53 of the Act; and\n\t(b)\tneed not comply with a requirement under that section in respect of anything done in accordance with Part 2A of the Education Act 1972 prior to the commencement of that section; and\n\t(c)\twill be taken to be a review conducted under section 53 of the Act.\n\t(2)\tPursuant to section 141(3)(c) of the Act, a review committee established under section 14C of the Education Act 1972 in relation to a review referred to in subclause (1)—\n\t(a)\twill continue as a review committee for the purposes of the review;\n\t(b)\twill be taken to be a review committee established by the Minister under section 54 of the Act,\n(and, subject to the Act, the members of the committee will continue to hold office in accordance with the terms and conditions of their appointment).\n3—Registered children's services centres continued under Act\n\t(1)\tThis clause applies to a stand‑alone preschool, or children's services centre, that is a registered children's services centre continued under section 26 of the Act.\n\t(2)\tPursuant to section 141(3)(c) of the Act, a reference in the Act or these regulations to a stand‑alone preschool or children's services centre to which this clause applies (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(3)\tPursuant to section 141(3)(c) of the Act, a reference in the Act or these regulations to the governing council of a stand‑alone preschool or children's services centre to which this clause applies (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 of the Act contemplates the governing council of a stand‑alone preschool or children's services centre entering into a transaction, or borrowing money.\nLegislative history\nNotes\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 these regulations (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 revoked by principal regulations\nThe Education and Children's Services Regulations 2020 revoked the following:\nChildren's Services (Appeals) Regulations 2008\nChildren's Services (Registered Children's Services Centres) Regulations 2018\nEducation Regulations 2012\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2020\n204\nGazette 11.6.2020 p3309 \n1.7.2020: r 2\n2021\n102\nGazette 1.7.2021 p2592\n1.7.2021: r 2\n2025\n19\nGazette 15.5.2025 p1172\n15.5.2025: r 2\n2025\n99\nGazette 4.9.2025 p3776\n4.9.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2021\nPt 6\n\n\nPt 6 Div 1\n\n\nr 11A\ninserted by 99/2025 r 3\n4.9.2025\nr 12\n\n\nr 12(1)\nvaried by 102/2021 r 4(1)\n1.7.2021\nr 12(2)\nvaried by 102/2021 r 4(2)\n1.7.2021\nr 12(4)\nsubstituted by 102/2021 r 4(3)\n1.7.2021\nr 16A\ninserted by 102/2021 r 5\n1.7.2021\nPt 6 Div 3\n\n\nr 25\namended by 99/2025 r 4\n4.9.2025\nPt 6 Div 6A\ninserted by 102/2021 r 6\n1.7.2021\nPt 8\n\n\nr 49\ndeleted by 102/2021 r 7\n1.7.2021\nr 72\n\n\nr 72(1)\nvaried by 102/2021 r 8(1)\n1.7.2021\nr 72(2)\nvaried by 102/2021 r 8(2)\n1.7.2021\nPt 10\n\n\nr 78\nvaried by 102/2021 r 9\n1.7.2021\nPt 11\n\n\nr 81\n\n\nr 81(1a)\ninserted by 102/2021 r 10(1)\n1.7.2021\nr 81(2)\n\n\nrounded to the nearest dollar\ninserted by 102/2021 r 10(2)\n1.7.2021\nr 84\nvaried by 102/2021 r 11\n1.7.2021\n\namended by 19/2025 r 3\n15.5.2025\nPt 12\n\n\nr 89\n\n\nr 89(2a)\ninserted by 102/2021 r 12\n1.7.2021\nPt 13\n\n\nr 92\n\n\nr 92(3)\n\n\nprescribed Government records and documents\nvaried by 102/2021 r 13(1)—(3)\n1.7.2021\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.7.2021\nSch 1A\ninserted by 102/2021 r 14\n1.7.2021\nHistorical versions\n1.7.2021\n\n15.5.2025\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available for review. No comparison between original intent and enacted provisions is possible from the information provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title and website navigation elements, not actual legislative text","Complexity of the underlying regulation cannot be assessed without access to its provisions"],"plain_english_summary":"The Education and Children's Services Regulations 2020 (SA) are subordinate rules made in 2020 governing how education and children’s services operate in South Australia. Though the text wasn’t available here, it likely sets detailed operational requirements (e.g., staffing, safety, licensing, qualifications and service standards) and therefore matters to parents, childcare and school operators, educators, administrators and state regulators. To read the instrument, search the SA legislation website."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations explicitly carve out which provisions apply to non‑Government schools and which apply only to Government schools (reg 4), altering regulatory coverage compared with a blanket application. They also revoke earlier Education Regulations and continue certain prior policies and reviews under transitional clauses (Schedule 2; Legislative history), thereby reallocating regulatory duties and preserving some legacy arrangements."},"complexity_factors":["Extensive cross‑referencing to the principal Act and other instruments, increasing interpretive complexity (see regs 3, 9, 12, 87).","Broad administrative discretions vested in the Minister and Chief Executive to make policies, directions, determinations and notices (reg 9; regs 12, 19, 51, 88), which require users to consult multiple delegated instruments.","Differential application to Government and non‑Government schools — many provisions apply only to Government schools while a specific list applies to both (reg 4), necessitating rules‑by‑sector analysis.","Detailed employment and staffing regime for the teaching service covering merit selection, pools, probation, leave, salary adjustments and disciplinary schemes (regs 42–76), with multiple procedural and evidentiary requirements.","Multiple offence provisions, penalties and recoverable debts (regs 27, 29, 83, 89, 90) that create compliance risk for parents, students and providers.","Indexed fees and allowances with CPI formulas and rounding rules (reg 81; Schedule 1A), adding arithmetic and administrative steps for implementation.","Information‑sharing and reporting obligations on schools and approved program providers with monetary penalties for non‑compliance (regs 16, 16A, 88–90), raising privacy and administrative burdens.","Transitional provisions and revocation of prior regulations, requiring careful historic reconciliation (Schedule 2; Legislative history).","Numerous delegations and exceptions (e.g. exemptions for non‑participation, special circumstances for appointments) that increase factual complexity when applied (regs 15, 23, 45)."],"plain_english_summary":"These regulations set the detailed rules that put the Education and Children's Services Act 2019 into practice in South Australia. They allocate decision‑making powers to the Minister and Chief Executive (for example, to issue policies, directions, determinations and notices) and impose duties on schools, approved program heads, teachers and parents about enrolment, attendance, discipline, staffing, fees and information sharing (see regs 4, 9, 12, 22–27, 81, 88).\n\nThey matter because they shift who decides and who pays: families may face prescribed materials charges and travel allowances (regs 81, 35), schools and program providers bear reporting and compliance duties (regs 16, 88, 90), and the Chief Executive holds broad administrative and employment discretions that affect staffing, leave and penalties (regs 42, 53, 62)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as operational rules under the Education and Children's Services Act 2019. The 2020 regulations consolidated and replaced three previous sets of regulations (Education Regulations 2012, Education Regulations 1997, and Children's Services Regulations). The 2021 and 2025 amendments added specific provisions (student exchange fees, attendance monitoring, visa categories) but these represent natural evolutionary changes within the education sector rather than scope creep into unrelated areas."},"complexity_factors":["Extensive cross-referencing to the parent Act (Education and Children's Services Act 2019) with over 50 explicit section references","Multiple conditional layers in enrolment rules (regulations 11A-16A) with nested 'if/then' logic for compulsory school age vs compulsory education age","Detailed mathematical formulas for fee indexation (regulations 81, Schedule 1A) involving CPI calculations and rounding rules","Complex employment provisions in Part 8 with 7 divisions covering appointment, duties, leave, absence, salaries, discipline, and miscellaneous matters","Numerous 'as determined by the Chief Executive' or 'as published by the Minister' delegations creating variable external standards","Dual application structure – regulation 4 creates two distinct regulatory regimes (Government vs non-Government schools) with 12 specific provisions applying to both","Transitional provisions (Schedule 2) preserving old policies and review committees under previous legislation","Multiple penalty provisions with varying amounts ($100 to $5,000) and expiation fees","Defined terms scattered throughout (some in Part 1, others in specific divisions like regulation 34 for Division 8)"],"plain_english_summary":"This legislation sets out the detailed rules for how education and children's services work in South Australia. It covers a wide range of practical matters for Government schools, preschools, and children's services centres, as well as some rules that also apply to non-Government schools.\n\n**Key areas covered:**\n\n**For students and families:**\n- **Enrolment rules** – how children get into Government schools, including zoning policies, special interest programs, and requirements for children of compulsory school age\n- **Attendance** – what counts as a valid reason for missing school, and what schools must do if kids don't show up\n- **Discipline** – how schools can suspend, exclude or expel students, and what factors principals must consider (like the severity of misbehaviour and whether the student has a disability)\n- **Dress codes** – schools can have them, but they must be flexible, allow gender expression, and parents can request exemptions\n- **Religious and cultural activities** – parents can opt their kids out, and only approved religious or cultural representatives can run these activities\n- **Sex education** – parents can exempt their children, except for child protection curriculum\n- **Financial help** – travelling allowances for students living far from school, educational allowances for some secondary students, and scholarships\n\n**For teachers and staff:**\n- **Hiring and promotion** – merit-based selection processes, pools of applicants, and acting appointments\n- **Leave entitlements** – sick leave (10 days per year), long service leave, maternity leave, special leave for infectious diseases caught at work, and \"skills and experience retention leave\"\n- **Discipline and performance** – procedures for misconduct and unsatisfactory performance\n- **Duties** – detailed responsibilities for principals and teachers, including monitoring attendance and maintaining inclusive environments\n\n**For schools and preschools:**\n- **Operations** – school terms and days, homework policies, traffic rules on school grounds\n- **Finances** – materials and services charges (capped and indexed), fees for overseas students, and management of school funds\n- **Information sharing** – rules about what information schools must collect and share with the Minister and other bodies\n- **Safety** – powers to search student bags for stolen school property, and protections for staff and students\n\n**Who it affects:**\n- Students and families in South Australian Government schools\n- Teachers, principals, and other school staff\n- Non-Government schools (for some specific rules about enrolment, attendance, and information sharing)\n- Student exchange organisations (registration fees)\n\n**Why it matters:**\nThis is the operational manual for South Australia's education system. It translates the broad principles of the Education and Children's Services Act 2019 into day-to-day rules that schools, teachers, and families must follow. It balances giving schools flexibility to manage their own affairs with protecting student rights (like exemptions from religious instruction or dress codes) and ensuring accountability (like merit-based hiring and attendance monitoring)."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-children-s-services-regulations-2020","history":"/api/acts/education-and-children-s-services-regulations-2020/history","analysis":"/api/acts/education-and-children-s-services-regulations-2020/analysis","conflicts":"/api/acts/education-and-children-s-services-regulations-2020/conflicts","importantCases":"/api/acts/education-and-children-s-services-regulations-2020/important-cases","documents":"/api/acts/education-and-children-s-services-regulations-2020/documents"}}