{"id":"technical-and-further-education-act-1975","name":"Technical and Further Education Act 1975","slug":"technical-and-further-education-act-1975","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110482,"registerId":"sa-technical-and-further-education-act-1975-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Technical and Further Education Act 1975","content":"South Australia\nTechnical and Further Education Act 1975\nAn Act to make provision for technical and further education in this State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n5\tApplication of Act\nPart 2—The Minister and the Department\n6\tAdministration of this Act\n7\tThe Minister\n8\tDelegation by Minister\n9\tGeneral powers of Minister\n10A\tAdvisory committees\n12\tPowers, functions and duties of the Chief Executive Officer\n13\tDelegation by Chief Executive Officer\n14\tAnnual report\nPart 3—Officers\nDivision 1—Appointment\n15\tAppointment of officers\nDivision 2—Termination of appointment\n15A\tTermination of appointment of officers on probation\n16\tRetrenchment of officers\n17\tIncapacity of officers\n18\tAppointment and selection of supplementary panel members for reviews\n18A\tReview by SAET\nDivision 3—Long service leave\n19\tLong service leave\n20\tTaking of long service leave\n21\tPayment in lieu of long service leave\n22\tInterruption of service\n23\tRecognition of previous employment\n24\tRecognition of service as officer in future employment\nDivision 4—Retiring age\n25\tRetiring age\nDivision 5—Discipline\n26\tDisciplinary action\n27\tSuspension\nPart 4—College councils\n28\tEstablishment of college councils\n29\tIncorporation of councils\n30\tBorrowing power of councils\n31\tPower of Minister to make grant or loan\n32\tAccounts\n32A\tReturns\n33\tAbolition of council\nPart 6—Miscellaneous\n39AA\tOperation of industrial relations legislation\n39AAB\tOther staffing arrangements\n39AAC\tEmploying authority—related matters\n39A\tSpecial provisions relating to rate of remuneration for part-time officers\n40\tRequirement to leave college premises\n40A\tInsulting officers, employees etc\n41\tSummary offences\n43\tRegulations\nSchedule—Interpretation of other Acts and instruments\n1\tReferences to officers of the teaching service\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Technical and Further Education Act 1975.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nChief Executive Officer means the person for the time being holding, or acting in, the position of Chief Executive Officer of the Department;\ncollege means an educational institution at which technical and further education is provided pursuant to this Act;\ncouncil means a college council established by the Minister under Part 4;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nemploying authority means—\n\t(a)\tunless paragraph (b) applies—the Chief Executive Officer; or\n\t(b)\tif the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition;\nthe Minister means the Minister of Employment and Further Education or any other Minister of the Crown for the time being exercising and discharging the functions and responsibilities of the Minister of Employment and Further Education;\nofficer means an officer appointed under section 15;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\ntechnical and further education means instruction or training in any academic, vocational or practical discipline other than instruction or training excluded from the application of this Act.\n\t(2)\tA reference in this Act to the effective service of an officer is a reference to—\n\t(a)\tthe period (if any) of the officer's continuous service as an officer; and\n\t(b)\tany other period (if any) that is, by determination of the employing authority, to be regarded as forming the whole, or part, of the officer's effective service,\nbut does not include any period that is, by determination of the employing authority, not to be regarded as a period of effective service for the purposes of this Act.\n\t(3)\tThe employing authority may, by instrument in writing, determine in relation to any specified officers, or officers of any specified class, that a period referred to in the instrument is, or is not, to be regarded as a period of effective service for the purposes of this Act.\n\t(4)\tThe Governor may, from time to time as the Governor thinks fit, vary or revoke a proclamation made for the purposes of the definition of employing authority, or make a new proclamation for the purposes of that definition.\n\t(5)\tIf—\n\t(a)\tthe Chief Executive Officer is the employing authority under this Act; and\n\t(b)\ta provision of this Act—\n\t(i)\trequires that a matter be referred to the employing authority by the Chief Executive Officer; or\n\t(ii)\tprovides that the Chief Executive Officer make a recommendation to the employing authority,\nthe provision will be taken to allow for the Chief Executive Officer, in his or her capacity as the employing authority, to take action without an actual referral or recommendation.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n5—Application of Act\nThis Act does not apply in respect of—\n\t(a)\tinstruction or training provided at any Government school (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011); or\n\t(b)\tinstruction or training in primary or secondary education provided at any school (not being a college) that is attended by the students, or a majority of the students, enrolled at the school on a full-time basis; or\n\t(c)\tinstruction or training provided by any university established by statute; or\n\t(d)\tpre-school instruction or training; or\n\t(e)\tinstruction or training provided by any theological college, seminary or religious body.\nPart 2—The Minister and the Department\n6—Administration of this Act\nSubject to this Act, the Minister has the general administration of this Act, and the administration and control of all officers and employees appointed under this Act.\n7—The Minister\n\t(1)\tFor the purposes of this Act, the Minister—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of acquiring, holding and disposing of real and personal property; and\n\t(c)\tis capable of acquiring or incurring any other legal rights and liabilities, and of suing and being sued; and\n\t(d)\thas the powers, authorities, duties and obligations prescribed under this Act.\n\t(2)\tWhere an apparently genuine document purports to bear the common seal of the Minister, the common seal of the Minister will be taken, in the absence of proof to the contrary, to have been duly affixed to that document.\n8—Delegation by Minister\n\t(1)\tThe Minister may, by instrument in writing, delegate to—\n\t(a)\tthe Chief Executive Officer or the person for the time being holding or acting in some other position in the Department; or\n\t(b)\tthe person for the time being holding or acting in a position or office established for the purposes of this Act; or\n\t(c)\tthe person for the time being holding or acting in the position of presiding member of an advisory committee appointed by the Minister under section 10A,\nany of the powers, duties or functions of the Minister under this Act.\n\t(2)\tA delegation under this section may be given subject to such conditions as the Minister thinks fit and specifies in the instrument of delegation.\n\t(3)\tA delegation under this section is revocable at will and does not prevent the Minister from acting personally in any matter.\n\t(4)\tA power, duty or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n9—General powers of Minister\n\t(1)\tThe Minister may establish and maintain such colleges as he or she considers necessary or desirable for the purposes of providing technical and further education.\n\t(2)\tThe Minister may, where in his or her opinion the public interest does not require the continuance of any college, close the college permanently or temporarily and sell or otherwise dispose of the land, buildings, equipment and facilities acquired or set apart for the purposes of that college.\n\t(3)\tThe Minister may establish and maintain such institutions as he or she considers necessary for the education and training of those who are to give instruction or training in colleges.\n\t(4)\tThe Minister may establish and maintain boarding houses for the accommodation of students at any college or any institution established under subsection (3).\n\t(5)\tThe Minister may—\n\t(a)\tmake available, on such conditions as the Minister thinks fit, any land, buildings, equipment or facilities for the purposes of technical and further education;\n\t(b)\tprovide assistance to community bodies (whether by the making of grants or loans or otherwise) on conditions that secure for colleges rights to make use of land, buildings, equipment or facilities of the bodies.\n\t(7)\tThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act.\n\t(8)\tWhere land, buildings, equipment, facilities or services used or provided for or incidentally to the provision of technical and further education can, in the opinion of the Minister, also be used or provided for commercial, community or other purposes without substantially detracting from the provision of technical and further education, the Minister may, by lease, licence or other arrangement, authorise their use or provision for those other purposes.\n\t(9)\tThe Minister may—\n\t(a)\tin order to provide students with practical training and experience in the course of technical and further education—\n\t(i)\testablish or carry on an enterprise or activity, for commercial, community or other purposes, in which students are to participate;\n\t(ii)\tprovide for the participation of students, on such conditions as the Minister thinks fit, in a commercial, community or other enterprise or activity carried on by some other person or body;\n\t(b)\tprovide consultancy or other services, for a fee or otherwise, in any area in which officers or employees appointed under this Act or employed in the Department have particular expertise developed (whether wholly or partly) in the course of, or incidentally to, the provision of technical and further education;\n\t(c)\tundertake or provide for the development or use, for commercial, community or other purposes, of any intellectual property, product or process created or developed (whether wholly or partly) in the course of, or incidentally to, the provision of technical and further education.\n10A—Advisory committees\n\t(1)\tThe Minister may appoint such advisory committees as he or she considers desirable.\n\t(2)\tThe membership of an advisory committee will be as determined by the Minister and its members hold office at the Minister's pleasure.\n\t(3)\tAn advisory committee must—\n\t(a)\tinvestigate and report to the Chief Executive Officer on such matters related to technical and further education or the administration of this Act as the Minister may request; and\n\t(b)\tperform any other function assigned to the committee by the Minister.\n\t(4)\tSubject to any direction of the Minister, the procedure of an advisory committee may be determined by the committee.\n12—Powers, functions and duties of the Chief Executive Officer\n\t(1)\tThe Chief Executive Officer is responsible to the Minister—\n\t(a)\tfor maintaining a proper standard of efficiency and competency among officers and employees; and\n\t(b)\tfor the efficient and effective management of officers and employees; and\n\t(c)\tfor ensuring that all resources available for technical and further education are managed with the object of securing the highest practicable standards of instruction, training, facilities and services for students enrolled in courses conducted under this Act.\n\t(2)\tThe responsibilities imposed under subsection (1) are in addition to the responsibilities of the Chief Executive Officer in respect of the Department.\n\t(3)\tThe Chief Executive Officer has such powers, functions and duties—\n\t(a)\tas are vested in and imposed on the Chief Executive Officer under this or any other Act; or\n\t(b)\tas the Chief Executive Officer is directed to exercise or perform by the Minister.\n13—Delegation by Chief Executive Officer\n\t(1)\tThe Chief Executive Officer may, by instrument in writing and with the consent of the Minister, delegate to—\n\t(a)\tthe person for the time being performing particular duties in the Department or holding or acting in a position or office in the Department or established under this Act; or\n\t(b)\tthe person for the time being holding or acting in the position of presiding member of an advisory committee appointed by the Minister under section 10A,\nany of the powers, functions or duties of the Chief Executive Officer under this Act.\n\t(2)\tA delegation under this section may be given subject to such conditions as the Chief Executive Officer thinks fit and specifies in the instrument of delegation.\n\t(3)\tA delegation under this section is revocable at will and does not prevent the Chief Executive Officer from acting personally in any matter.\n\t(4)\tA power, function or duty delegated under this section may, if the instrument of delegation so provides, be further delegated.\n14—Annual report\n\t(1)\tThe Chief Executive Officer must, on or before 31 March in each year, present to the Minister a report on the operations of the Department and colleges for the preceding calendar year.\n\t(2)\tThe Minister must, within six sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\nPart 3—Officers\nDivision 1—Appointment\n15—Appointment of officers\n\t(1)\tSubject to this Act, the employing authority may appoint such officers to provide technical and further education and undertake related functions pursuant to this Act as the employing authority thinks fit.\n\t(2)\tAn officer may be appointed under this section—\n\t(a)\ton a permanent or temporary basis; and\n\t(b)\ton a full-time or part-time basis.\n\t(3)\tAn appointment under this section may be made on probation.\n\t(4)\tThe probation will be for such period of effective service (not exceeding two years' effective service) as may be determined by the employing authority.\n\t(5)\tNo officer appointed on a permanent basis may be dismissed, retrenched or retired, or have his or her appointment otherwise terminated, except in accordance with the provisions of this Act.\n\t(6)\tAn officer appointed on a temporary basis holds office at the pleasure of the employing authority.\n\t(7)\tIf the Chief Executive Officer is not the employing authority, the employing authority must, in acting under this section, consult with the Chief Executive Officer.\nDivision 2—Termination of appointment\n15A—Termination of appointment of officers on probation\n\t(1)\tThe employing authority may by written determination at any time terminate the appointment of an officer who is on probation.\n\t(2)\tIf the Chief Executive Officer is not the employing authority, the employing authority must, in acting under this section, consult with the Chief Executive Officer.\n16—Retrenchment of officers\n\t(1)\tWhere the employing authority is satisfied that—\n\t(a)\tthe volume of work for officers in a section has diminished; and\n\t(b)\tin consequence a reduction in the number of officers has become necessary in the interest of economy; and\n\t(c)\tan officer should be retrenched for that purpose,\nthe employing authority may, by written determination, retrench that officer as from a date specified in the determination.\n\t(2)\tAn officer who is retrenched under the provisions of this section is entitled to receive—\n\t(a)\tat least twelve weeks' notice in writing prior to the date of retrenchment; or\n\t(b)\twhere the notice is less than twelve weeks, a sum equal to his or her salary for the period by which the notice falls short of twelve weeks.\n\t(3)\tIf the Chief Executive Officer is not the employing authority, the employing authority must, in acting under this section, consult with the Chief Executive Officer.\n17—Incapacity of officers\n\t(1)\tIf the Chief Executive Officer is satisfied that an officer is, by reason of mental or physical illness or disability, incapable of performing satisfactorily the duties of the office occupied by the officer, the Chief Executive Officer may do one or more of the following:\n\t(a)\tby written determination, transfer the officer to some other office established under section 15;\n\t(b)\tdetermine to take steps to transfer the officer to some other employment in the Government of the State;\n\t(c)\tgrant the officer leave of absence (without remuneration);\n\t(d)\trecommend to the employing authority that the officer be retired.\n\t(2)\tThe Chief Executive Officer must, before transferring or recommending the transfer of an officer to an office or position of reduced status, or recommending that an officer be retired, be satisfied that transfer of the officer to an office or position of equivalent status is not reasonably practicable in the circumstances.\n\t(3)\tWhere an officer is transferred to an office of reduced status pursuant to subsection (1)(a), the Chief Executive Officer must alter the classification of the officer accordingly.\n\t(4)\tThe Chief Executive Officer may, in acting under subsection (1)(b), recommend to the employing authority that the officer be appointed to an office or position under section 39AAB or attempt to secure for the officer some other appropriate employment in the Government of the State.\n\t(5)\tThe employing authority, on receiving a recommendation under subsection (1)(d) may, in accordance with that recommendation, retire the officer.\n18—Appointment and selection of supplementary panel members for reviews\n\t(1)\tFor the purposes of section 18A of the South Australian Employment Tribunal Act 2014, there will be the following panels of supplementary panel members:\n\t(a)\ta panel of employees in the Department nominated by the Minister;\n\t(b)\ta panel of officers appointed under section 15 nominated by the Australian Education Union made after elections have been held in accordance with the regulations.\n\t(2)\tIn exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings related to an application for review by an officer appointed under section 15, SAET will, if the President of SAET so determines, sit with members from each of the panels referred to in subsection (1).\n18A—Review by SAET\n\t(1)\tAn officer may, within 14 days after receiving notice of a determination or decision under this Division to terminate the officer's appointment or retrench, transfer or retire the officer, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the determination or decision.\n\t(2)\tIn addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for the review of a determination or a decision that has taken effect under this Division, revoke the determination or the decision and order that the officer be reinstated as an officer appointed under section 15.\nDivision 3—Long service leave\n19—Long service leave\n\t(1)\tAn officer's entitlement to long service leave accrues as follows:\n\t(a)\tthe officer is entitled to 63 days' leave in respect of the first seven years of effective service;\n\t(b)\tthe officer is then entitled to 0.75 of a day's leave for each subsequent complete month of effective service.\n\t(2)\tWhere long service leave is taken by an officer, the officer's entitlement to long service leave is reduced accordingly.\n\t(3)\tEvery day from the commencement to the conclusion of a period of long service leave (whether a working day or not) will be counted as a day of that leave.\n\t(4)\tThis Division—\n\t(a)\tdoes not affect an entitlement to long service leave or payment in lieu of long service leave that accrued before the commencement of the Technical and Further Education Act Amendment Act 1987; and\n\t(b)\tdoes not prejudice an entitlement to pro rata long service leave arising after five years' effective service that would have come into existence if the Technical and Further Education Act Amendment Act 1987 had not been enacted.\n20—Taking of long service leave\n\t(1)\tSubject to this section, an officer who has completed at least 10 years' effective service is entitled to take long service leave.\n\t(2)\tThe Chief Executive Officer may permit an officer who has completed at least seven years' effective service to take long service leave.\n\t(3)\tLong service leave may only be taken in respect of completed years of effective service.\n\t(4)\tLong service leave may only be taken at times and for periods that are, in the opinion of the Chief Executive Officer, convenient to the Department.\n\t(5)\tSubject to this section, the salary to which an officer is entitled during long service leave is—\n\t(a)\twhere the effective service of an officer consists of full-time service—the salary applicable to the officer's substantive classification level during that leave (excluding any additional salary attributable to a higher classification level temporarily assigned to the officer);\n\t(b)\twhere the effective service of an officer consists in whole or in part of part-time service—a salary determined by the Chief Executive Officer.\n\t(6)\tAn officer may elect to take long service leave on half salary and, in that event, may take two days' leave for each whole day of the officer's entitlement.\n\t(7)\tWhere the effective service of an officer consists in whole or in part of part-time service, the officer may elect to take long service leave on the salary applicable to full-time service and, in that event, the period of the long service leave will be reduced accordingly.\n\t(8)\tThe Chief Executive Officer may authorise payment to an officer on long service leave of such additional salary or allowances as the Chief Executive Officer considers appropriate.\n21—Payment in lieu of long service leave\n\t(1)\tWhere a person ceases to be an officer after not less than seven years' effective service, the person is entitled to payment of the monetary equivalent of the officer's long service leave entitlement as at the date of cessation of service.\n\t(2)\tWhere an officer dies, the employing authority must ensure that there is paid to—\n\t(a)\tthe officer's personal representative; or\n\t(b)\tsuch of the officer's dependants as the employing authority, with the approval of the Minister, considers appropriate,\nthe monetary equivalent of the officer's long service leave entitlement as at the date of death.\n\t(3)\tIn determining the monetary equivalent of a long service leave entitlement no allowance will be made for an increase in salary that may or would have been made if the officer's service had not ceased.\n\t(4)\tThe employing authority may apply any amount payable to or in respect of an officer under this section in satisfaction of a claim against the officer.\n22—Interruption of service\n\t(1)\tWhere a person is re-employed as an officer—\n\t(a)\tat any time after his or her service as an officer was interrupted by retirement on the ground of incapacity; or\n\t(b)\twithin two years after his or her service as an officer was interrupted otherwise than by resignation, dismissal for misconduct or retirement on the ground of incapacity,\nthe person's effective service before the interruption and his or her effective service after the interruption will, for the purposes of this Division, be taken into account as if the service were continuous.\n\t(2)\tWhere a person is re-employed as an officer more than two years after his or her service as an officer was interrupted otherwise than by resignation, dismissal for misconduct or retirement on the ground of incapacity, the employing authority may grant a certificate under this section.\n\t(3)\tWhere the employing authority grants a certificate under subsection (2), the person's effective service before the interruption and his or her effective service after the interruption will, for the purposes of this Division, be taken into account as if the service were continuous.\n\t(4)\tWhere long service leave has been granted, or payment has been made in lieu of long service leave, in respect of a period of effective service that is required by this section to be taken into account as if it were continuous with subsequent service, the officer's entitlement to long service leave in respect of the total period of his or her effective service will be taken to have reduced accordingly.\n23—Recognition of previous employment\n\t(1)\tWhere an officer was in prescribed employment prior to being appointed as an officer and there is continuity of service between that prescribed employment and his or her effective service as an officer, the long service leave to which he or she is entitled under this Act must, subject to this section, be determined on the basis that the period of his or her service that would have been taken into account for the purpose of determining his or her entitlement to long service leave in respect of the prescribed employment, as at the cessation of that employment, was effective service as an officer.\n\t(2)\tIn this section—\nprescribed employment means—\n\t(a)\temployment in the Public Service of the Commonwealth; and\n\t(b)\temployment in the Public Service of this State; and\n\t(c)\temployment by the Government of this State otherwise than as an employee in the Public Service; and\n\t(d)\temployment in the Public Service of another State or a Territory of the Commonwealth; and\n\t(e)\temployment by a University established in this State; and\n\t(f)\tany other employment approved by the Minister.\n\t(3)\tWhere long service leave has been granted, or payment has been made in lieu of long service leave, in respect of a period of service in prescribed employment required by this section to be regarded as effective service as an officer, the officer's entitlement to long service leave in respect of the total period of his or her effective service will be taken to have reduced accordingly.\n\t(4)\tFor the purposes of this section, continuity of service is not interrupted by an interval, not exceeding three months, between the cessation of prescribed employment and the commencement of employment as an officer.\n\t(5)\tWhere there is an interval of more than three months between the cessation of prescribed employment and the commencement of employment as an officer, the employing authority may, if he or she thinks that special reasons exist for so doing, declare that the interval does not disrupt the continuity of service for the purposes of this section, and such a declaration has effect according to its terms.\n24—Recognition of service as officer in future employment\n\t(1)\tWhere an officer is transferred to other employment in the Government of this State and his or her service in that employment is continuous with his or her effective service as an officer, the long service leave to which he or she is entitled in respect of that other employment must, subject to this section, be determined on the basis that—\n\t(a)\this or her effective service as an officer; and\n\t(b)\tany service required under section 23 to be regarded as effective service as an officer in determining his or her long service leave entitlement under this Act,\nwas service in that other employment.\n\t(2)\tWhere long service leave has been granted, or payment has been made in lieu of long service leave, in respect of a period of effective service as an officer (or a period required to be regarded as effective service as an officer), the person's entitlement to long service leave in respect of the total period of his or her service will be taken to have reduced accordingly.\nDivision 4—Retiring age\n25—Retiring age\n\t(1)\tAn officer may retire on or after the day on which he or she reaches the age of 55 years.\nDivision 5—Discipline\n26—Disciplinary action\n\t(1)\tIf an officer—\n\t(a)\tcontravenes or fails to comply with any provision of this Act; or\n\t(b)\tcontravenes or fails to comply with any lawful direction given to the officer under this Act; or\n\t(c)\tis negligent, inefficient or incompetent in the discharge of his or her duties; or\n\t(d)\tis absent from duty without proper cause; or\n\t(e)\tis guilty of any disgraceful or improper conduct,\nthere is sufficient cause for disciplinary action against that officer.\n\t(2)\tWhere the Chief Executive Officer finds that there is sufficient cause for disciplinary action under this section, he or she may—\n\t(a)\tby written determination under his or her hand—\n\t(i)\treprimand the officer; or\n\t(ii)\timpose a fine on the officer not exceeding the amount of one week's salary of the officer; or\n\t(iii)\treduce the classification of the officer; or\n\t(iv)\tsuspend the officer from duty (without pay) for a period not exceeding one year; or\n\t(b)\trecommend to the employing authority that the officer be dismissed.\n\t(3)\tThe employing authority may, upon receipt of a recommendation under subsection (2), dismiss the officer.\n\t(4)\tAn officer may, within fourteen days after he or she receives notice of a determination under this section, or a decision made by the employing authority to dismiss the officer under this section, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the determination or decision.\n\t(5)\tIn addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for the review of a determination or a decision that has taken effect under this section, revoke the determination or the decision and order that the officer be re-instated as an officer appointed under section 15.\n\t(6)\tAny fine imposed on an officer under this section may be deducted from the salary or other remuneration payable to that officer.\n27—Suspension\n\t(1)\tWhere, in the opinion of the Chief Executive Officer, the nature or circumstances of any matter alleged against an officer are such that the officer should not continue in the performance of his or her duties, the Chief Executive Officer may suspend the officer.\n\t(2)\tA suspension under subsection (1) may be given whether or not the officer has been charged with an offence.\n\t(3)\tUnless the employing authority otherwise determines, a person suspended under this section is entitled to his or her salary in respect of the period of suspension.\n\t(4)\tWhere a direction has been given under subsection (3), and the guilt of the suspended officer of the matter alleged against that officer is not established by due process of law, he or she is entitled to receive the salary to which he or she would have been entitled if there had been no direction under subsection (3).\nPart 4—College councils\n28—Establishment of college councils\n\t(1)\tThe Minister may establish a council for any college.\n\t(2)\tThe Minister may establish an interim council for any proposed college.\n\t(3)\tA council will consist of members appointed by, or in accordance with, the regulations.\n\t(4)\tThe members of the council will hold office for such term and upon such conditions as are prescribed.\n\t(5)\tMeetings of the council must be conducted in accordance with the regulations.\n29—Incorporation of councils\n\t(1)\tA council—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of holding and dealing with real and personal property; and\n\t(c)\tis capable of acquiring or incurring any other legal rights or obligations, and of suing and being sued; and\n\t(d)\tholds its property on behalf of the Crown; and\n\t(e)\thas such powers, authorities, duties and obligations as may be conferred, imposed or prescribed by or under this Act.\n\t(2)\tA council must not engage in any transaction involving the acquisition or disposal of real property unless the Minister has, by instrument in writing, consented to that transaction.\n30—Borrowing power of councils\n\t(1)\tSubject to this Act, a council may—\n\t(a)\twith the approval of the Treasurer; and\n\t(b)\tin accordance with any administrative instruction issued by the Chief Executive Officer under this section,\nborrow money from any person for the purposes of paying in whole or in part for the erection or construction of a building or structure, or the provision of equipment or facilities, for a college.\n\t(2)\tThe Chief Executive Officer may from time to time issue administrative instructions relating to the borrowing of money by councils.\n\t(3)\tThe Chief Executive Officer may vary or revoke an administrative instruction given under this section.\n\t(4)\tA council must supply the Minister, the Treasurer or the Chief Executive Officer with such information relating to a loan or proposed loan under this section, or to the purposes of such a loan or proposed loan, as the Minister, Treasurer or Chief Executive Officer requires.\n31—Power of Minister to make grant or loan\nThe Minister may, on such terms and conditions as he or she thinks fit, make a grant or loan of money to a council.\n32—Accounts\n\t(1)\tA council must cause proper accounts to be kept of any money received by it and any dealings with that money.\n\t(2)\tThe Chief Executive Officer or any person authorised by the Chief Executive Officer may at any time inspect or audit the accounts of a council.\n32A—Returns\n\t(1)\tA council must, within three months after the end of each calendar year, provide to the Chief Executive Officer, in a manner and form approved by the Chief Executive Officer, a return relating to the financial position of the council.\n\t(2)\tA return under this section must specify—\n\t(a)\tthe money received by the council, whether by grant, loan or otherwise, during the calendar year just ended; and\n\t(b)\tthe money expended by the council during that calendar year; and\n\t(c)\tthe money currently held by the council; and\n\t(d)\tany money owed to or by the council; and\n\t(e)\tsuch other information as the Chief Executive Officer may require.\n\t(3)\tThe Chief Executive Officer may, by notice in writing, require a council to provide, within a time specified in the notice, such return or further or fuller return relating to the financial position of the council as the Chief Executive Officer requires.\n33—Abolition of council\n\t(1)\tWhere a college for which a council has been established under this Part is closed, the Minister may, by instrument in writing, abolish the council.\n\t(2)\tWhere a council is abolished under subsection (1), the Minister may dispose of the assets of the council in such manner as he or she thinks proper.\nPart 6—Miscellaneous\n39AA—Operation of industrial relations legislation\nThis Act does not exclude (and will be taken never to have excluded) the operation of the Industrial and Employee Relations Act 1994 in relation to officers or persons employed under this Act.\n39AAB—Other staffing arrangements\n\t(1)\tThe employing authority may employ such other persons (in addition to officers appointed under this Act and employees in the Department) as appear to the employing authority to be necessary for the proper administration of this Act.\n\t(2)\tThe employing authority is, in acting under this section, subject to direction by the Minister.\n\t(3)\tHowever, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.\n\t(4)\tIn addition, if the Chief Executive Officer is not the employing authority, the employing authority must, in acting under this section, consult with the Chief Executive Officer.\n39AAC—Employing authority—related matters\n\t(1)\tThe employing authority may delegate a power or function under this Act.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made to a body or person (including a person for the time being holding or acting in a specified office or position); and\n\t(c)\tmay be unconditional or subject to conditions; and\n\t(d)\tdoes not derogate from the power of the employing authority to act personally in any matter; and\n\t(e)\tmay be revoked at any time by the employing authority.\n\t(3)\tA power or function delegated under subsection (1) may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA change in the person who constitutes the employing authority under this Act will not affect the continuity of employment or appointment of a person under this Act.\n39A—Special provisions relating to rate of remuneration for part-time officers\n\t(1)\tWhere an officer is employed on a part-time basis (that is to say, on the basis that he or she will work in any pay period a specified percentage of the time ordinarily expected of an officer employed on a full-time basis) the rate of remuneration applicable to the officer (including any allowances that may be payable) is that same percentage applied to the rate of remuneration that would apply if he or she were employed on a full-time basis.\n\t(2)\tSubject to subsection (3), subsection (1)—\n\t(a)\tapplies in relation to salary, notwithstanding any Act or law (including the provisions of any contract of employment, award or industrial agreement) to the contrary; and\n\t(b)\tapplies in relation to an allowance, subject to any express provision of a contract of employment, award or industrial agreement that provides for payment of the full amount of the allowance to the officer; and\n\t(c)\tapplies regardless of the number of working days, and the period of time in any one day, over which the officer performs the required amount of work in any pay period; and\n\t(d)\tapplies in relation to any past or present entitlement to remuneration, whether it arose before or arises after the commencement of this section.\n\t(3)\tNothing in this section affects the payment in full of any allowance to an officer employed on a part-time basis if—\n\t(a)\tthe payment was made before the commencement of this section; or\n\t(b)\tthe payment is made after the commencement of this section in respect of an allowance that was being paid in full immediately prior to that commencement.\n40—Requirement to leave college premises\n\t(1)\tA person who is on the premises of a college without lawful authority must leave the college premises if lawfully requested to do so.\nPenalty: Division 9 fine.\n\t(2)\tA request to leave the premises of a college is lawful—\n\t(a)\tif made by—\n\t(i)\tan officer or employee appointed under this Act or employed in the Department; or\n\t(ii)\ta member of the council of the college; or\n\t(iii)\ta person engaged by the Minister for the protection of property of the college; or\n\t(iv)\tany person, or person of a class, authorised by the Chief Executive Officer to make such requests; and\n\t(b)\tif the person making the request advises the person of whom the request is made that he or she is authorised under this Act to make such a request.\n\t(3)\tIn any proceedings for an offence against this Act, an apparently genuine document purporting to be under the hand of the Chief Executive Officer and to certify that a specified person was at a specified time authorised by or under this section to request persons to leave college premises must be accepted as proof of the matters so certified in the absence of proof to the contrary.\n40A—Insulting officers, employees etc\nA person who behaves in an offensive or insulting manner—\n\t(a)\tto an officer or employee appointed under this Act or employed in the Department who is acting in the course of his or her duties; or\n\t(b)\tto a person referred to in section 40 who is exercising the power conferred by that section,\nis guilty of an offence.\nPenalty: Division 9 fine.\n41—Summary offences\n\t(1)\tOffences against this Act are summary offences.\n\t(2)\tProceedings for an offence against this Act must not be commenced without the consent in writing of the Minister.\n\t(3)\tIn any proceedings for an offence against this Act an apparently genuine document purporting to be under the hand of the Minister and to record his or her consent to the commencement of the proceedings must be accepted as proof of that consent in the absence of proof to the contrary.\n43—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as he or she considers necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may make provision with respect to the following matters:\n\t(a)\tthe establishment, maintenance and control of colleges by the Minister under this Act and the management of all land, buildings, equipment or facilities used in connection therewith; and\n\t(b)\tthe provision of residences or other accommodation for officers; and\n\t(c)\tthe terms and conditions upon which officers or officers of any class are employed under this Act, their rights to leave of absence and any other privileges, their rights on retirement from employment under this Act and any other matter whatsoever affecting their employment; and\n\t(d)\tthe courses of instruction or training to be provided under this Act and the awards to be conferred upon those who successfully complete any such courses of instruction or training; and\n\t(da)\tthe fees to be paid for or in relation to—\n\t(i)\tinstruction, training or assessment of students; and\n\t(ii)\tassessment and certification of qualifications whether or not relating to instruction or training under this Act; and\n\t(iii)\tland, buildings, equipment, facilities or services used or provided under this Act; and\n\t(e)\tthe provision of grants to colleges and the conditions applicable to those grants; and\n\t(f)\tthe establishment of scholarships and the provision of allowances to students; and\n\t(g)\tcollege vacations, the hours at which instruction or training is to be provided, the method to be adopted in teaching, and the discipline to be observed and enforced in colleges; and\n\t(h)\tthe use of the land, buildings, equipment or facilities of colleges; and\n\t(ia)\tregulating, restricting or prohibiting the driving, parking or ranking of vehicles on the grounds of any college; and\n\t(ib)\tproviding evidentiary presumptions in relation to offences against regulations made under paragraph (ia); and\n\t(j)\tthe furnishing of returns to the Chief Executive Officer by the head of a college, and the matters to be contained in any such returns; and\n\t(k)\tproviding for the constitution of associations of students, or students and staff, of colleges; and\n\t(l)\tconferring upon officers a right to apply to SAET for review of administrative acts or decisions of the Minister or the Chief Executive Officer (not being administrative acts or decisions declared by the regulations to be excluded from review); and\n\t(n)\tany other matter necessary or expedient for the proper administration of this Act.\n\t(2a)\tA regulation made under subsection (2)(da)—\n\t(a)\tmay—\n\t(i)\tfix fees (including differential fees);\n\t(ii)\tregulate the payment of a fee;\n\t(iii)\tprovide for exemption (in whole or in part) from the liability to pay a fee;\n\t(iv)\tprovide for the refund, in whole or in part, of a fee,\nor may empower the Minister or another person or body to do so; and\n\t(b)\tmay provide for the recovery of a fee.\n\t(3)\tA regulation made under this Act is not invalid on the ground that it relates to circumstances that occurred before the commencement of this Act.\n\t(4)\tA regulation under this Act may—\n\t(a)\timpose fines, not exceeding a division 10 fine, for offences against the regulations;\n\t(b)\tfix expiation fees, not exceeding a division 10 fee, for alleged offences against the regulations.\nSchedule—Interpretation of other Acts and instruments\n1—References to officers of the teaching service\nA reference in an Act or in any other instrument (whether the instrument is of a legislative character or not) to an officer of the teaching service under this Act will be construed as a reference to an officer.\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 this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nFurther Education Act 1975\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1976\n17\nFurther Education Act 1975\n4.3.1976\n29.4.1976 (Gazette 29.4.1976 p2218) except Pt 5—3.11.1977 (Gazette 3.11.1977 p1350)\n1979\n13\nFurther Education Act Amendment Act 1979\n8.3.1979\n3.5.1979 (Gazette 3.5.1979 p1313) except Pt 2 (ss 3—7)—1.1.1978: s 2(2) \n1980\n36\nFurther Education Act Amendment Act 1980\n17.4.1980\n17.4.1980\n1983\n94\nFurther Education Act Amendment Act 1983\n15.12.1983\n26.1.1984 (Gazette 26.1.1984 p175)\n1986\n119\nTertiary Education Act 1986\n18.12.1986\n1.1.1987 (Gazette 18.12.1986 p1876)\n1987\n62\nTechnical and Further Education Act Amendment Act 1987\n22.10.1987\n1.1.1988 (Gazette 17.12.1987 p1851)\n1988\n25\nTechnical and Further Education Act Amendment Act 1988\n21.4.1988\n9.6.1988 (Gazette 9.6.1988 p1868)\n1990\n48\nTechnical and Further Education Act Amendment Act 1990\n15.11.1990\n10.1.1991 (Gazette 10.1.1991 p32)\n1991\n34\nIndustrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Act 1991\n24.4.1991\n1.7.1991 (Gazette 27.6.1991 p2059)\n1992\n7\nTechnical and Further Education (Miscellaneous) Amendment Act 1992\n2.4.1992\n1.7.1992 (Gazette 18.6.1992 p1756)\n1993\n75\nStatutes Amendment (Abolition of Compulsory Retirement) Act 1993\n21.10.1993\n1.1.1994: s 2\n1996\n34\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 36)—3.2.1997 (Gazette 19.12.1996 p1923)\n1998\n35\nTechnical and Further Education (Industrial Jurisdiction) Amendment Act 1998\n16.7.1998\n16.7.1998\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 25 (ss 117—131)—1.4.2007 (Gazette 29.3.2007 p930)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 157 (ss 355 & 356)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n22\nStatutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 14 (ss 88 & 89)—1.7.2011: s 2(2)\n2011\n46\nEducation and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\nSch 3 (cl 27)—1.1.2012 (Gazette 15.12.2011 p4986)\n2016\n63\nStatutes Amendment (South Australian Employment Tribunal) Act 2016 as amended by 16/2017\n8.12.2016\nPt 20 (ss 138—142)—1.7.2017 (Gazette 27.6.2017 p2622)\n2017\n16\nSouth Australian Employment Tribunal (Miscellaneous) Amendment Act 2017\n23.5.2017\nSch 1 (cl 5)—27.6.2017; cl 3—1.7.2017 immediately after Pts 8 & 20 of 63/2016 (Gazette 27.6.2017 p2620)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 94/1983 s 3\n26.1.1984\nPt 1\n\n\ns 1\nsubstituted by 94/1983 s 4\n26.1.1984\ns 2\ndeleted by 7/1992 Sch\n1.7.1992\ns 3\namended by 94/1983 s 5\n26.1.1984\n\ndeleted by 7/1992 Sch\n1.7.1992\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 13/1979 s 3\n1.1.1978\nthe Appeal Board\namended by 7/1992 Sch\n1.7.1992\n\ndeleted by 63/2016 s 138(1)\n1.7.2017\nChief Executive Officer\ninserted by 7/1992 s 3(a)\n1.7.1992\ncollege of further education\ndeleted by 94/1983 s 6(a)\n26.1.1984\ncollege\ncollege of technical and further education inserted by 94/1983 s 6(a)\n26.1.1984\n\ncollege of technical and further education amended by 7/1992 s 3(b)\n1.7.1992\nthe Director-General\namended by 94/1983 s 6(b)\n26.1.1984\n\ndeleted by 7/1992 s 3(c)\n1.7.1992\ncouncil\ninserted by 7/1992 s 3(c)\n1.7.1992\nthe Department\nsubstituted by 94/1983 s 6(c)\n26.1.1984\n\namended by 7/1992 s 3(d)\n1.7.1992\n\ndeleted by 84/2009 s 355\n1.2.2010\nDepartment\ninserted by 84/2009 s 355\n1.2.2010\nemployee\ninserted by 7/1992 s 3(e)\n1.7.1992\n\ndeleted by 41/2006 s 117(1)\n1.4.2007\nemploying authority\ninserted by 41/2006 s 117(1)\n1.4.2007\nfurther education\ndeleted by 94/1983 s 6(d)\n26.1.1984\nthe Minister\namended by 48/1990 s 3\n10.1.1991\nofficer\ninserted by 7/1992 s 3(f)\n1.7.1992\n\namended by 41/2006 s 117(2)\n1.4.2007\nSAET\ninserted by 63/2016 s 138(2)\n1.7.2017\nthe Teachers Salaries Board\ndeleted by 34/1991 s 54(a)\n1.7.1991\ntechnical and further education\ninserted by 94/1983 s 6(e)\n26.1.1984\ns 4(2)\ninserted by 13/1979 s 3\n1.1.1978\n\namended by 62/1987 s 3\n1.1.1988\n\namended by 7/1992 s 3(g)\n1.7.1992\n\namended by 41/2006 s 117(3)\n1.4.2007\ns 4(3)\ninserted by 13/1979 s 3\n1.1.1978\n\namended by 41/2006 s 117(4)\n1.4.2007\ns 4(4) and (5)\ninserted by 41/2006 s 117(5)\n1.4.2007\ns 5\namended by 13/1979 s 8\n3.5.1979\n\namended by 94/1983 s 7\n26.1.1984\n\namended by 7/1992 s 4, Sch\n1.7.1992\n\namended by 46/2011 Sch 3 cl 27\n1.1.2012\nPt 2\n\n\ns 6\n\n\ns 6(1)\namended by 7/1992 s 5(a), Sch\n1.7.1992\ns 6(2)\namended by 13/1979 s 9\n3.5.1979\n\namended by 94/1983 s 8\n26.1.1984\n\ndeleted by 7/1992 s 5(b)\n1.7.1992\ns 7\namended by 7/1992 Sch\n1.7.1992\ns 8\namended by 48/1990 s 4\n10.1.1991\n\nsubstituted by 7/1992 s 6\n1.7.1992\ns 8(1)\namended by 41/2006 s 118(1), (2)\n1.4.2007\ns 8(4)\ninserted by 41/2006 s 118(3)\n1.4.2007\ns 9\n\n\ns 9(1)\namended by 94/1983 s 9(a) \n26.1.1984\n\namended by 7/1992 s 7(a), Sch\n1.7.1992\ns 9(2)\namended by 94/1983 s 9(a)\n26.1.1984\n\namended by 7/1992 s 7(b), (c), Sch\n1.7.1992\ns 9(3)\namended by 94/1983 s 9(b)\n26.1.1984\n\namended by 7/1992 s 7(d), Sch\n1.7.1992\ns 9(4)\namended by 94/1983 s 9(a)\n26.1.1984\n\namended by 7/1992 s 7(e), Sch\n1.7.1992\ns 9(5)\namended by 94/1983 s 9(a)\n26.1.1984\n\nsubstituted by 7/1992 s 7(f)\n1.7.1992\ns 9(6)\nsubstituted by 7/1992 s 7(f)\n1.7.1992\n\ndeleted by 41/2006 s 119\n1.4.2007\ns 9(7)\namended by 7/1992 Sch\n1.7.1992\ns 9(8) and (9)\ninserted by 7/1992 s 7(g)\n1.7.1992\ns 10\nsubstituted by 94/1983 s 10\n26.1.1984\n\ndeleted by 119/1986 Sch 1\n1.1.1987\ns 10A\ninserted by 94/1983 s 10\n26.1.1984\ns 10A(1) and (2)\namended by 7/1992 Sch\n1.7.1992\ns 10A(3)\nsubstituted by 7/1992 s 8\n1.7.1992\ns 10A(4)\namended by 7/1992 Sch\n1.7.1992\ns 11\namended by 94/1983 s 11\n26.1.1984\n\ndeleted by 7/1992 s 9\n1.7.1992\ns 12\nsubstituted by 7/1992 s 9\n1.7.1992\ns 13\namended by 48/1990 s 5\n10.1.1991\n\nsubstituted by 7/1992 s 9\n1.7.1992\ns 13(1)\namended by 41/2006 s 120(1)\n1.4.2007\n\namended by 84/2009 s 356\n1.2.2010\ns 13(4)\ninserted by 41/2006 s 120(2)\n1.4.2007\ns 14\nsubstituted by 7/1992 s 9\n1.7.1992\nPt 3\nheading substituted by 7/1992 s 10\n1.7.1992\nPt 3 Div 1\nheading substituted by 7/1992 s 10\n1.7.1992\ns 15\n\n\ns 15(1)\namended by 7/1992 s 11(a), Sch\n1.7.1992\n\nsubstituted by 41/2006 s 121(1)\n1.4.2007\ns 15(2) and (3)\nsubstituted by 7/1992 s 11(b)\n1.7.1992\ns 15(4)\namended by 13/1979 s 10 \n3.5.1979\n\namended by 7/1992 Sch\n1.7.1992\n\namended by 41/2006 s 121(2)\n1.4.2007\ns 15(5)\namended by 36/1980 s 2(a)\n17.4.1980\n\namended by 7/1992 s 11(c)\n1.7.1992\ns 15(6)\namended by 36/1980 s 2(b)\n17.4.1980\n\namended by 7/1992 Sch\n1.7.1992\n\namended by 41/2006 s 121(3)\n1.4.2007\ns 15(7)\ndeleted by 34/1991 s 54(b)\n1.7.1991\n\ninserted by 41/2006 s 121(4)\n1.4.2007\nPt 3 Div 2\nheading substituted by 7/1992 s 12\n1.7.1992\ns 15A\ninserted by 7/1992 s 13\n1.7.1992\ns 15A(1)\ns 15A amended and redesignated as s 15A(1) by 41/2006 s 122(1), (2)\n1.4.2007\ns 15A(2)\ninserted by 41/2006 s 122(2)\n1.4.2007\ns 16\n\n\ns 16(1)\namended by 7/1992 s 14(a), (b), Sch\n1.7.1992\n\namended by 41/2006 s 123(1), (2)\n1.4.2007\ns 16(2)\namended by 7/1992 Sch\n1.7.1992\ns 16(3)\ndeleted by 7/1992 s 14(c)\n1.7.1992\n\ninserted by 41/2006 s 123(3)\n1.4.2007\ns 16(4)\ndeleted by 7/1992 s 14(c)\n1.7.1992\ns 17\nsubstituted by 48/1990 s 6\n10.1.1991\ns 17(1)\namended by 7/1992 s 15(a)—(d)\n1.7.1992\n\namended by 41/2006 s 124(1), (2)\n1.4.2007\ns 17(2)\namended by 7/1992 s 15(e)\n1.7.1992\ns 17(3)\namended by 7/1992 s 15(f)\n1.7.1992\ns 17(4)\nsubstituted by 41/2006 s 124(3)\n1.4.2007\ns 17(5)\namended by 7/1992 s 15(g)\n1.7.1992\n\namended by 41/2006 s 124(4)\n1.4.2007\ns 17(6) and (7)\ndeleted by 7/1992 s 15(h)\n1.7.1992\ns 17A\ninserted by 7/1992 s 16\n1.7.1992\n\ndeleted by 63/2016 s 139\n1.7.2017\ns 18\ndeleted by 13/1979 s 4\n1.1.1978\ns 18\ninserted by 63/2016 s 139\n1.7.2017\ns 18A\ninserted by 63/2016 s 139\n1.7.2017\ns 18A(2)\namended by 16/2017 Sch 1 cl 3\n1.7.2017\nPt 3 Div 3\n\n\ns 19\namended by 13/1979 s 5\n1.1.1978\n\nsubstituted 62/1987 s 4\n1.1.1988\ns 19(1)\namended by 22/2010 s 88\n1.7.2011\n\n(c) deleted by 22/2010 s 88\n1.7.2011\ns 20\nsubstituted by 13/1979 s 6 \n1.1.1978\n\nsubstituted by 62/1987 s 4\n1.1.1988\ns 20(2)\namended by 7/1992 s 17(a)\n1.7.1992\ns 20(4)\namended by 7/1992 s 17(b)\n1.7.1992\ns 20(5)\namended by 7/1992 s 17(c)\n1.7.1992\ns 20(8)\namended by 7/1992 s 17(d)\n1.7.1992\ns 21\namended by 13/1979 s 7\n1.1.1978\n\nsubstituted by 62/1987 s 4\n1.1.1988\ns 21(1)\namended by 7/1992 s 18\n1.7.1992\ns 21(2)\namended by 41/2006 s 125(1), (2)\n1.4.2007\ns 21(4)\namended by 41/2006 s 125(3)\n1.4.2007\ns 22\nsubstituted by 7/1992 s 19\n1.7.1992\ns 22(2)\namended by 41/2006 s 126(1)\n1.4.2007\ns 22(3)\namended by 41/2006 s 126(2)\n1.4.2007\ns 23\nsubstituted by 7/1992 s 19\n1.7.1992\ns 23(5)\namended by 41/2006 s 127\n1.4.2007\ns 24\nsubstituted by 7/1992 s 19\n1.7.1992\nPt 3 Div 4\n\n\ns 25\n\n\ns 25(1)\nsubstituted by 36/1980 s 3\n17.4.1980\n\namended by 7/1992 s 20(a), Sch\n1.7.1992\n\namended by 75/1993 s 28\n1.1.1994\ns 25(1a)\ninserted by 36/1980 s 3\n17.4.1980\n\ndeleted by 7/1992 s 20(b)\n1.7.1992\ns 25(2)\ndeleted by 7/1992 s 20(b)\n1.7.1992\nPt 3 Div 5\n\n\ns 26\n\n\ns 26(1)\namended by 7/1992 Sch\n1.7.1992\ns 26(2)\namended by 13/1979 s 11\n3.5.1979\n\namended by 7/1992 s 21(a), (b), Sch\n1.7.1992\n\namended by 41/2006 s 128(1)\n1.4.2007\ns 26(3)\namended by 7/1992 s 21(c)\n1.7.1992\n\namended by 41/2006 s 128(2)\n1.4.2007\ns 26(4)\namended by 7/1992 Sch\n1.7.1992\n\namended by 41/2006 s 128(3)\n1.4.2007\n\namended by 63/2016 s 140(1)\n1.7.2017\ns 26(5)\namended by 7/1992 s 21(d)\n1.7.1992\n\nsubstituted by 63/2016 s 140(2)\n1.7.2017\ns 27\n\n\ns 27(1)\namended by 7/1992 s 22, Sch\n1.7.1992\ns 27(2)\namended by 7/1992 Sch\n1.7.1992\ns 27(3)\namended by 7/1992 Sch\n1.7.1992\n\namended by 41/2006 s 129\n1.4.2007\ns 27(4)\namended by 7/1992 Sch\n1.7.1992\nPt 4\n\n\ns 28\n\n\ns 28(1)\namended by 94/1983 s 12\n26.1.1984\n\namended by 7/1992 s 23(a)\n1.7.1992\ns 28(2)\namended by 94/1983 s 12\n26.1.1984\n\namended by 7/1992 s 23(b)\n1.7.1992\ns 28(3) and (4)\nsubstituted by 25/1988 s 3\n9.6.1988\ns 28(5)\ninserted by 25/1988 s 3\n9.6.1988\ns 29\n\n\ns 29(1)\nsubstituted by 7/1992 s 24\n1.7.1992\ns 29(2)\namended by 7/1992 Sch\n1.7.1992\nss 30 and 31\nsubstituted by 7/1992 s 25\n1.7.1992\ns 32\n\n\ns 32(1)\namended by 7/1992 s 26(a), Sch\n1.7.1992\ns 32(2)\namended by 7/1992 s 26(b), (c), Sch\n1.7.1992\ns 32A\ninserted by 7/1992 s 27\n1.7.1992\ns 33\n\n\ns 33(2)\namended by 7/1992 Sch\n1.7.1992\nPt 5\namended by 13/1979 ss 12—14\n3.5.1979\n\namended by 36/1980 s 4\n17.4.1980\n\namended by 94/1983 ss 13—15\n26.1.1984\n\ndeleted by 7/1992 s 28\n1.7.1992\nPt 6\n\n\ns 39AA\ninserted by 35/1998 s 2\n16.7.1998\n\namended by 41/2006 s 130\n1.4.2007\nss 39AAB and 39AAC\ninserted by 41/2006 s 131\n1.4.2007\ns 39A\ninserted by 7/1992 s 29\n1.7.1992\ns 40\nsubstituted by 7/1992 s 29\n1.7.1992\ns 40A\ninserted by 7/1992 s 29\n1.7.1992\ns 41\n\n\ns 41(1)\nsubstituted by 7/1992 Sch\n1.7.1992\ns 41(2) and (3)\namended by 7/1992 Sch\n1.7.1992\ns 42\ndeleted by 7/1992 s 30\n1.7.1992\ns 43\n\n\ns 43(1)\namended by 7/1992 Sch\n1.7.1992\ns 43(2)\namended by 13/1979 s 14\n3.5.1979\n\namended by 36/1980 s 4\n17.4.1980\n\namended by 94/1983 s 16\n26.1.1984\n\namended by 7/1992 s 31(a)—(p), Sch\n1.7.1992\n\n(i) deleted by 7/1992 s 31(k)\n1.7.1992\n\n(m) deleted by 7/1992 s 31(p)\n1.7.1992\n\namended by 34/1996 s 4 (Sch cl 36)\n3.2.1997\n\namended by 63/2016 s 141(1), (2)\n1.7.2017\ns 43(2a)\ninserted by 7/1992 s 31(q)\n1.7.1992\ns 43(3)\namended by 7/1992 Sch\n1.7.1992\ns 43(4)\namended by 7/1992 s 31(r)\n1.7.1992\n\nsubstituted by 34/1996 s 4 (Sch cl 36)\n3.2.1997\nSch\ninserted by 7/1992 s 32\n1.7.1992\nTransitional etc provisions associated with Act or amendments\nIndustrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Act 1991, s 55—Transitional provisions\n(11)\tThe following provisions apply in relation to the amendment of the Education Act 1972 and the Technical and Further Education Act 1976:\n\t(a)\tan award of the Teachers' Salaries Board in force immediately before those amendments will, after those amendments, be taken to be an award of the Commission and will, subject to the principal Act, continue to have the same operation; and\n\t(b)\tany proceedings before the Teachers' Salaries Board at the time of those amendments may continue before the Teachers' Salaries Board as if those amendments had not been effected.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nStatutes Amendment (Budget 2010) Act 2010\n89—Transitional provision\nThe amendment to the Technical and Further Education Act 1975 made by this Part does not affect an entitlement to long service leave or payment in lieu of long service leave that accrues before 1 July 2011.\nStatutes Amendment (South Australian Employment Tribunal) Act 2016 as amended by South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017, Sch 1\n142—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Technical and Further Education Act 1975;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tThe Appeal Board under the principal Act is dissolved by force of this subsection (and so the commencement of this subsection brings to an end the appointment of a person as a member of the Appeal Board).\n\t(3)\tNo right of action arises, and no compensation is payable, in respect of an appointment coming to an end by virtue of the operation of subsection (2).\n\t(4)\tA decision, direction or order of the Appeal Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.\n\t(5)\tA right of appeal under sections 17A or 26 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Appeal Board.\n\t(6)\tAny proceedings before the Appeal Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(7)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Appeal Board, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Appeal Board that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Appeal Board before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nHistorical versions\nReprint No 1—15.1.1992\n\nReprint No 2—1.7.1992\n\nReprint No 3—1.1.1994\n\nReprint No 4—3.2.1997\n\nReprint No 5—16.7.1998\n\n1.4.2007\n\n1.2.2010\n\n1.7.2011\n\n1.1.2012\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The content retrieved was entirely a website error page from the SA Legislation website, not the text of the Technical and Further Education Act 1975."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 'Page Not Found' error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Technical and Further Education Act 1975* (South Australia) returned a **'Page Not Found'** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislative text was not accessible. If you need to read this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Checking the South Australian Government Gazette for relevant provisions"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been changed by multiple amendments reflected in the text and legislative history. Examples from the text: the introduction and current role of the Chief Executive Officer and redesignation of the employing authority (s 4; see definitions and delegated employing authority power); the addition of review rights to the South Australian Employment Tribunal (SAET) and corresponding panel provisions (ss 18, 18A) replacing earlier appeal arrangements; explicit regulation‑making power to fix fees, exemptions and recovery (s 43(2)(da)); and provisions authorising commercial use and commercialisation of intellectual property (s 9(8)–(9)). The legislative history and transitional provisions in the text record these and other amendments, showing the Act now operates with different institutional players, dispute‑resolution pathways and financial/fee‑setting powers than at first enactment."},"complexity_factors":["Multiple institutional actors with overlapping authorities: Minister, Chief Executive Officer, employing authority, college councils and the Treasurer (ss 4, 7, 12, 31, 30).","Broad delegation regimes allowing further delegation and conditional delegations (ss 8, 13, 39AAC).","Detailed and interlocking employment provisions including appointment types, probation, retrenchment, incapacity, discipline and time‑limited review rights to SAET (ss 15, 15A, 16, 17, 26, 27, 18A).","Statutory long service leave formulae and recognition of prior or future public employment (ss 19–24) with transitional savings (historical/transitional provisions).","Extensive regulation‑making power covering fees, courses, staff terms and more, including specific fee‑fixing, exemption and recovery powers (s 43(2), (2a/da)).","Financial arrangements combining Ministerial grants/loans, council borrowing subject to Treasurer approval and administrative instructions, and CEO audit powers (ss 30, 31, 32, 32A).","Cross‑references to other statutes and external tribunals (Land Acquisition Act, SAET, Industrial and Employee Relations Act) creating dependency on other legal regimes (s 9(7); s 39AA; ss 18, 18A).","Discretionary prosecutorial/consent requirement for offences (s 41(2)) which affects enforcement implementation.","History of staggered amendments and transitional provisions, which complicates reading the Act as a stable single instrument (legislative history and transitional sections)."],"plain_english_summary":"### What this law does, in plain English\n\n- Mechanically, this Act sets up how technical and further education is run in South Australia. It creates the legal roles and organisations (the Minister, a Department, a Chief Executive Officer, college councils and colleges), describes how staff are appointed and managed, and gives rules about college finances, property use and offences. Key powers and duties are in Part 2 (the Minister and Department), Part 3 (officers/employment terms), Part 4 (college councils) and the regulations power (s 43).\n\n- The Act lets the Minister establish and close colleges and related institutions, hold and deal with property in the Minister’s name, and permit commercial or community uses of college land, buildings and services where those uses do not substantially detract from education (see s 7 and s 9(1), (2), (3), (8) and (9)). The Minister may also delegate many of these powers (s 8).\n\n- The Chief Executive Officer (CEO) is responsible for operational management of the Department and officers, including standards, efficiency and resource management (s 12). The CEO can delegate functions with the Minister’s consent in certain cases (s 13).\n\n- Staffing and employment mechanics are set out in Part 3. The employing authority (normally the CEO, unless a proclamation designates another) appoints officers (s 4 definition; s 15). Appointments may be permanent, temporary, full‑time or part‑time and may include probation (s 15). The Act sets out retrenchment (s 16), incapacity processes (s 17), discipline (s 26), suspension (s 27) and review rights to the South Australian Employment Tribunal (SAET) for specified decisions (ss 18A, 26(4), 26(5)).\n\n- The Act prescribes long service leave accrual and payment rules (ss 19–24), including formulas (63 days for first seven years, then 0.75 days per month thereafter) (s 19(1)) and when leave can be taken (s 20).\n\n- College councils are statutory corporations (ss 28–29). Councils may hold property on behalf of the Crown, borrow with Treasurer approval and in accordance with administrative instructions (s 30), receive grants or loans from the Minister (s 31), and must keep proper accounts and provide annual returns to the CEO (ss 32, 32A). The CEO or authorised persons may inspect or audit council accounts (s 32(2)).\n\n- The Governor may make regulations covering a wide range of matters including course content, fees (including differential fees, exemptions and recovery), officer terms and conditions, student associations and discipline (s 43(1), (2) and (2a)).\n\n- Enforcement and offences: many breaches under the Act are summary offences (s 41). Certain procedural controls exist, for example prosecutions generally require the Minister's written consent (s 41(2)). Officers who are disciplined may apply to SAET for review within 14 days (ss 18A(1), 26(4)).\n\n### Who this affects and who pays or decides\n\n- Who decides: the Minister holds broad policy and property powers (s 7, s 9) and may delegate to the CEO or others (s 8). The Chief Executive Officer has operational control of staff and resources (s 12) and discretion in many employment matters (ss 12, 17, 20, 26). The employing authority (normally the CEO unless altered by proclamation) makes appointments, retrenchments and may delegate its powers (s 4; ss 15, 39AAC). The Treasurer must approve council borrowing (s 30(1)(a)).\n\n- Who pays: salaries, leave entitlements and other staff payments are payable by the employing authority (Part 3: ss 19–24, 21). Councils may receive grants or loans from the Minister (s 31), borrow with Treasurer approval (s 30), conduct commercial activities authorised by the Minister (s 9(8)–(9)) and charge fees if regulations prescribe them (s 43(2)(da)). Fines imposed on officers as disciplinary measures may be deducted from salary (s 26(6)).\n\n### Why it matters (official purpose and mechanical implications)\n\n- The Act's stated purpose is to provide for technical and further education in the State (long title). Mechanically, it centralises decision-making power in the Minister and CEO for establishing and managing colleges, sets statutory employment entitlements and processes for staff, regulates college finances and property use, and enables fees and other regulatory details to be prescribed by regulation.\n\n### Testing the stated purpose against trade-offs and implementation mechanics\n\n- Incentives and revenue: the Act explicitly allows commercial use of college assets and the development or commercialisation of intellectual property (s 9(8)–(9)(b)–(c)). That creates a direct revenue or activity incentive for colleges and the Minister but conditions it on not substantially detracting from education (s 9(8)). The regulations power can fix fees, exemptions and recovery mechanisms (s 43(2)(da)), shifting costs to fee‑payers where regulations provide.\n\n- Concentrated benefits, diffuse costs and accountability: statutory councils may borrow (s 30) and receive Ministerial grants (s 31). Borrowing requires Treasurer approval and compliance with administrative instructions (s 30(1)–(2)), and councils must provide audited accounts and annual financial returns to the CEO (ss 32, 32A). Those provisions create formal accountability but also vest significant discretion in the Minister, CEO and Treasurer over financial arrangements.\n\n- Compliance burden and enforcement: officers and councils must follow administrative directions, keep records and comply with audits and returns (ss 12, 32, 32A). Prosecutions for summary offences require the Minister’s written consent (s 41(2)), which centralises prosecutorial discretion. Disciplinary measures against staff may include fines, demotion, suspension or dismissal (s 26), with a 14‑day window to seek review by SAET (ss 18A(1), 26(4)).\n\n- Bureaucratic discretion and delegation risk: the Minister and CEO may delegate many powers (ss 8, 13, 39AAC). That enables administrative flexibility but also concentrates consequential decision‑making within executive offices and authorised delegates.\n\n- Effects on private choice and competition: the Act permits charging fees and commercial activities (s 43(2)(da); s 9(9)) which can increase price signals for students and third‑party users. It also enables use of college facilities for non‑educational purposes if not substantially detrimental to instruction (s 9(8)), creating potential substitution between public educational provision and commercial uses.\n\n### Immediate compliance and practical points to note from the text\n\n- Appointment, discipline, termination and retrenchment procedures are set in statute (ss 15, 15A, 16, 26, 27) with time limits for reviews to SAET (14 days) (ss 18A(1), 26(4)).\n- Councils must submit returns within three months of the calendar year end in a form approved by the CEO (s 32A(1)–(2)). The CEO can demand fuller returns (s 32A(3)).\n- Regulations can (and explicitly may) set fees, exemptions and recovery powers (s 43(2)(da)), and may impose fines up to division 10 for breaches (s 43(4)).\n\n(References are to the sections cited in the Act.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1975 scope. Originally focused on establishing technical colleges and basic staffing, it has expanded to include: complex industrial relations frameworks (integration with SAET in 2016, Fair Work Act interactions); detailed long service leave portability between public sector employers; specific provisions for part-time officer remuneration (section 39A); commercial activities by colleges (section 9(8)-(9)); and extensive transitional provisions managing employment transfers across the public sector. The 2006 amendments in particular shifted employment arrangements to align with broader public sector reforms, and the 2016 amendments replaced the internal Appeal Board with the external SAET, fundamentally changing the dispute resolution architecture."},"complexity_factors":["Multiple defined terms in section 4 (Chief Executive Officer, college, council, Department, employing authority, officer, SAET, technical and further education, effective service)","Complex employment framework with dual roles (Chief Executive Officer vs employing authority) requiring consultation in certain circumstances","Detailed long service leave calculations with multiple conditions (sections 19-24) including recognition of prior service and interruptions","Cross-references to other legislation (South Australian Employment Tribunal Act 2014, Industrial and Employee Relations Act 1994, Education and Early Childhood Services Act 2011)","Nested conditional logic in disciplinary and termination provisions (e.g., section 17 on incapacity has multiple pathways)","Transitional provisions from multiple amending Acts (1979, 1987, 1992, 2006, 2016) creating layered historical context","Delegation chains (Minister to CEO to others, with conditions and revocability)","Part 3 Division 2 creates a specific review mechanism with SAET that interacts with general industrial law"],"plain_english_summary":"This is the **Technical and Further Education Act 1975** (South Australia), which sets up the legal framework for running TAFE (Technical and Further Education) colleges in South Australia.\n\n**What it does:**\n- **Establishes colleges**: The Minister can create and close TAFE colleges, and decide what courses they offer.\n- **Employs staff**: It creates a special category of \"officers\" who teach or work in these colleges, with specific rules about how they're hired, fired, disciplined, and paid.\n- **Sets employment conditions**: It covers probation periods, retrenchment (redundancy), long service leave, retirement age, and disciplinary procedures for officers.\n- **Creates college councils**: Individual colleges can have councils (like boards) that manage property and finances, though they hold assets on behalf of the government.\n- **Provides review rights**: Officers can appeal termination or disciplinary decisions to the South Australian Employment Tribunal (SAET).\n\n**Who it affects:**\n- TAFE teachers and staff (officers) in South Australia\n- Students attending TAFE colleges\n- College councils and administrators\n- The Minister for Employment and Further Education\n\n**Why it matters:**\nThis Act is essentially the \"rule book\" for how South Australia's public vocational education system operates. It protects workers' rights (like long service leave and fair dismissal processes) while giving the government flexibility to manage the education system. It ensures that if you're a TAFE teacher, you have specific protections and appeal mechanisms that might differ from other public servants."}},"importantCases":[],"_links":{"self":"/api/acts/technical-and-further-education-act-1975","history":"/api/acts/technical-and-further-education-act-1975/history","analysis":"/api/acts/technical-and-further-education-act-1975/analysis","conflicts":"/api/acts/technical-and-further-education-act-1975/conflicts","importantCases":"/api/acts/technical-and-further-education-act-1975/important-cases","documents":"/api/acts/technical-and-further-education-act-1975/documents"}}