Education and Children's Services Act 2019

Part 1—Preliminary 1—Short title This Act may be cited as the Education and Children's Services Act 2019. 3—Interpretation (1) In this Act, unless the contrary intention appears— approved learning program means a program that— (a) consists of secondary education provided under this Act; or (b) counts towards, or is otherwise required for, the award of a degree, diploma or other award provided by a university declared by the regulations to be a university or class of universities that is within the ambit of this paragraph for the purposes of this Act; or (c) consists of technical and further education provided by TAFE SA; or (d) consists of an accredited course provided by a registered training organisation (within the meaning of the South Australian Skills Act 2008) or a law of the Commonwealth or another State or a Territory of the Commonwealth relating to higher education, vocational education and training and adult community education (other than a course or training organisation excluded from the ambit of this definition by the regulations for the purposes of this Act); or (e) is an apprenticeship or traineeship undertaken with a registered employer (within the meaning of the South Australian Skills Act 2008) (and any relevant work undertaken as part of the apprenticeship or traineeship will be taken to form part of the program); or (f) is a program of a class declared by the Minister by notice in the Gazette to be an approved learning program; or (g) complies with any other requirements set out in the regulations; authorised officer—see section 126; Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; child of compulsory education age means a child who is 16 years of age; child of compulsory school age means a child who is— (a) of or above— (i) if the regulations prescribe an age for the purposes of this paragraph—that age; or (ii) if the regulations do not prescribe an age for the purposes of this paragraph—6 years of age; and (b) less than 16 years of age; children's services includes services of the following kinds (being services provided to, or for the benefit of, children): (a) preschool education; (b) child care provided on a not for profit basis that is wholly or partly Government-funded; (c) any other service of a kind prescribed by the regulations for the purposes of this Act; children's services centre means a children's services centre established under this Act (being a place at which children's services are provided); Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; director, of a stand‑alone preschool or children's services centre, means the person for the time being designated by the Chief Executive as the director of the stand‑alone preschool or children's services centre (as the case requires); disability, in relation to a person, means— (a) total or partial loss of the person's bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness; or (e) the malfunction, malformation or disfigurement of a part of the person's body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour, and includes a disability that— (h) presently exists; or (i) previously existed but no longer exists; or (j) may exist in the future (including because of a genetic predisposition to that disability); or (k) is imputed to a person; governing authority, of a non-Government school, means the person, board, committee or other authority by which the school is administered; governing council, of a stand‑alone preschool or children's services centre, means— (a) in the case of a children's services centre to which Part 4 Division 3 applies—the management committee of the children's services centre continued as the governing council of the children's services centre or stand‑alone preschool (as the case requires) under section 26; and (b) in any other case—the governing council for the preschool or children's services centre established under section 19; governing council, of a school, means the governing council for the school established under section 34; Government preschool means a school‑based preschool or stand‑alone preschool; Government school means a school established under this Act or a repealed Act and includes (other than for the purposes of Part 5) a special purpose school; head of an approved learning program means— (a) if the learning program consists of secondary education—the principal of the school at which the program is provided; or (b) in any other case—the person, or person of a class, prescribed by the regulations for the purposes of this paragraph; local council means a council constituted under the Local Government Act 1999; merit, in relation to a selection process, means— (a) the extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the carrying out of the duties in question; and (b) if relevant— (i) the manner in which each of the applicants carried out any previous employment or occupational duties or functions; and (ii) the extent to which each of the applicants has potential for development; model constitution means a model constitution published under section 10, as in force from time to time; non‑Government school means a school that is registered under the Education and Early Childhood Services (Registration and Standards) Act 2011 that is not a Government school; officer of the teaching service or officer means a person appointed as an officer of the teaching service under Part 9; parent, of a student or child, includes— (b) a guardian of the student or child; and (c) a person standing in loco parentis to the student or child; preschool means a place at which education services are provided to children who have not yet attained the compulsory school age (and preschool education will be taken to have a corresponding meaning) but a reference to a preschool, or to preschool education, will be taken not to include a reference to the provision of primary education to such children at a school; principal of a school means— (a) in relation to a Government school—the person for the time being designated by the Chief Executive as the principal of the school; or (b) in relation to a non-Government school—the person for the time being designated by the governing authority of the school as the principal of the school; promotional level, in relation to a position in the teaching service, means a classification level for a position declared by the regulations to be a promotional level for the purposes of this Act; public sector has the same meaning as in the Public Sector Act 2009; public sector code of conduct means the public sector code of conduct under the Public Sector Act 2009, as in force from time to time; reclassify includes alter an entitlement of an officer of the teaching service to an increment of remuneration; registered student exchange organisation means a person or body registered as a student exchange organisation under section 85; repealed Acts means the Education Act 1972 and the Education Act 1915; responsible for a child or responsible for a student—see subsection (2); SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; school means a school at which primary or secondary education or both is, or is to be, provided (whether or not preschool education is also provided at the school); school‑based preschool means a preschool established under this Act as a part of, and providing preschool education as a program of, a Government school; special purpose school means a special purpose school established under Part 6; special school means a Government school established for the benefit of a particular class of children who require some special form of education, treatment or care; stand‑alone preschool means a preschool established under this Act that is not a school‑based preschool; student, in relation to a school or approved learning program, means a student enrolled at the school or in the approved learning program; teacher means a person who gives, or is qualified to give, instruction in 1 or more of the following: (a) preschool education; (b) primary education; (c) secondary education; teaching service means the teaching service constituted under Part 9 (and, for the purposes of this Act, a reference to the teaching service will be taken to include a reference to the teaching service as constituted under the repealed Acts); term employee means an employee appointed for a specified term; working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016. (1a) To avoid doubt, a disability that is otherwise covered by the definition of disability in subsection (1) includes behaviour that is a symptom or manifestation of the disability. (2) For the purposes of this Act, a person is responsible for a child or student if the person is— (a) a parent of the child or student; or (b) a person of a class declared by the regulations to be included within the ambit of this subsection for the purposes of this Act, however, a person will be taken not to be responsible for a child or student if the person's guardianship or custody of, or responsibility for, the child or student is excluded under any Act or law. (3) For the purposes of this Act, a reference to a school, preschool or children's services centre includes, unless the context requires otherwise, a reference to a campus or site other than the principal site at which services are provided by the school, preschool or children's services centre. (4) For the purposes of this Act, a reference to participation in an approved learning program includes a reference to attending at the place or places at which the approved learning program is conducted. (5) For the purposes of this Act, a reference to the effective service of an officer of the teaching service is a reference to— (a) — (i) in the case of an officer to whom section 111 applies—the period (if any) of the officer's continuous service in the teaching service determined in accordance with that section; or (ii) in any other case—the period (if any) of the officer's continuous service in the teaching service; and (b) any other period that is, by determination of the Chief Executive, to be regarded as forming the whole, or part, of the officer's effective service, but does not include any period that is, by determination of the Chief Executive, not to be regarded as a period of effective service. (6) A reference in any other Act to the employing authority under this Act or a repealed Act will be taken to be a reference to the Chief Executive. 4—Application of Act to non‑Government schools (1) The following provisions of this Act apply only to Government schools: (a) section 9; (b) Part 5; (c) Part 6; (d) sections 62, 63 and 64(5); (e) Part 7 Division 3 and Division 4; (f) Part 9; (g) Part 10; (h) Part 11 Division 1; (i) Part 13 Division 1 and Division 2. (2) A provision of this Act not referred to in subsection (1) that is expressed to apply only to Government schools will be taken not to apply to a non‑Government school. (2a) A provision of this Act that is expressed to apply only to non‑Government schools will be taken not to apply to a Government school. (3) Each other provision of this Act (not being a provision referred to in a preceding subsection) applies to Government and non-Government schools. 5—Interaction with other Acts This Act is in addition to, and does not derogate from, any other Act or law. 6—Minister may acquire land The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act.

Part 2—Objects and principles 7—Objects and principles (1) The objects of this Act include— (a) ensuring that education provided to children and students in this State is of a high quality; and (b) ensuring that children's services provided at children's services centres in this State are of a high quality; and (c) ensuring the development of an accessible range of education and children's services that meet the needs of all groups in the community; and (ca) ensuring that the provision of education and children's services in this State is inclusive by enabling the participation of children and students with a disability and supporting the development of their personalities, talents, creativity and mental and physical abilities to their fullest potential; and (d) promoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services to children and students in this State, and, in the course of achieving those objects, it is an object of this Act to continuously improve the wellbeing and safety of children in this State. (2) It is a further object of this Act to acknowledge the efforts and dedication of all teachers and educators (including school services officers, early childhood workers and Aboriginal education workers) in respect of the education of the children and students of this State, as well as their importance to the successful development of children and the success of the education and children's services sectors generally. (3) It is a further object of this Act to recognise the diversity of the student body in this State. (4) The following principles must be taken into account in relation to the operation, administration and enforcement of this Act: (a) the best interests of children and students is the paramount consideration; (b) every child has a right to education; (c) the cultural and religious diversity of the student population must be recognised; (d) children and students should not be unlawfully discriminated against on the ground of their gender, disability, religion or race, nor that of their parents; (e) the involvement of children, students, parents, persons other than parents who are responsible for children and other members of the community in relation to the education and development of children and students should be promoted; (f) children, students, stakeholders and communities should be consulted in respect of decisions under this Act that may affect them; (g) education and children's services provided by Government schools, Government preschools and children's services centres are to be secular in nature; (h) subject to this and any other Act or law, schools, preschools and children's services centres are free to celebrate events that are of significance to their communities (including, for example, by singing Christmas carols).

Part 3—Administration 8—Functions of Chief Executive (1) The functions of the Chief Executive under this Act include— (a) determining the curriculum in accordance with which instruction is provided in Government schools; and (b) determining the content and nature of services provided at Government preschools and children's services centres; and (c) providing for the education and training of teachers; and (d) maintaining efficiency and competency in the teaching service; and (e) ensuring that the expertise and qualifications of persons who provide children's services are of the highest possible standards; and (f) providing or arranging residences for the accommodation of teachers or students; and (g) providing or arranging transport of students to and from Government schools; and (h) developing or adopting, and implementing, policies relating to the provision of education and children's services and keeping the operation of those policies under constant review and evaluation; and (i) keeping the public informed of the availability of education and children's services and how they may be accessed; and (j) reviewing the special needs of particular groups of children (including those living with disability and those who are economically disadvantaged) and providing, assisting in the provision of or promoting services to meet those needs; and (k) collaborating and consulting with Government and non-Government organisations in relation to the provision of education and children's services; and (l) promoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services; and (m) such other functions as may be conferred on the Chief Executive under this or any other Act or by the Minister. (2) Subject to this Act, the Chief Executive has such powers as may be necessary or expedient for the performance of the Chief Executive's functions. 9—Administrative instructions (1) The Chief Executive may issue administrative instructions to governing councils or affiliated committees of schools, stand‑alone preschools and children's services centres. (2) Without limiting the matters in respect of which administrative instructions may be issued, administrative instructions may be issued in respect of materials and services for which materials and services charges may be imposed under Part 13. (3) An administrative instruction may be varied or revoked by further administrative instruction. (4) An administrative instruction— (a) may be of general application or limited application; and (b) may make different provision according to the matters or circumstances to which it is expressed to apply. (5) Governing councils and affiliated committees are bound by administrative instructions under this section. 10—Model constitutions (1) The Minister must, by notice in the Gazette, publish model constitutions of the following kinds for the purposes of this Act: (a) a model constitution for governing councils of schools without a school‑based preschool; (b) a model constitution for governing councils of schools with a school‑based preschool; (c) a model constitution for governing councils of stand‑alone preschools; (d) a model constitution for governing councils of children's services centres; (e) a model constitution for affiliated committees, and may publish such other model constitutions as the Minister thinks fit. (2) Without limiting the provisions that may be included in a model constitution for governing councils, each such model constitution (other than a model constitution for affiliated committees) must contain provisions requiring— (a) the governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school or the director of the preschool or children's services centre (as the case requires); and (b) the members of the governing council to comply with a code of practice approved by the Minister. (3) The Minister may, by notice in the Gazette, vary, substitute or revoke a model constitution. (4) The Minister must cause copies of each model constitution and each code of practice approved by the Minister, as in force from time to time, to be published on a website determined by the Minister. 11—Advisory committees (1) The Minister may appoint an advisory committee or committees to advise the Minister or the Chief Executive on any matter related to the operation of this Act or the provision of education and children's services in this State. (2) An advisory committee consists of such members as the Minister thinks fit. (3) A member of an advisory committee will hold office on conditions, and for a term, determined by the Minister. (4) A member of an advisory committee is entitled to such allowances and expenses as may be determined by the Minister. (5) Subject to any direction of the Minister, an advisory committee may determine its own procedures. 12—Delegation (1) The Minister or the Chief Executive may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 13—Chief Executive may require information (1) The Chief Executive may, by notice in writing, require the principal of a school to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, enrolled at the school) as may be in the school's possession and that the Chief Executive reasonably requires for the purposes of this Act. (2) The Chief Executive may, by notice in writing, require the director of a stand‑alone preschool to provide to the Chief Executive such specified information relating to a specified child (being a child who is attending, or attended, the preschool) as may be in the preschool's possession and that the Chief Executive reasonably requires for the purposes of this Act. (3) The Chief Executive may, by notice in writing, require the director of a children's services centre to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, being provided with children's services at or by the children's services centre) as may be in the children's services centre's possession and that the Chief Executive reasonably requires for the purposes of this Act. (4) The Chief Executive may, by notice in writing, require a specified person or body to provide to the Chief Executive such specified information relating to a specified child as may be in the person's or body's possession and that the Chief Executive reasonably requires for the purposes of this Act. (5) A person must provide information required under this section to the Chief Executive in the manner, and within the period, specified in the notice. (6) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. (7) If a person refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1), the Chief Executive may, after consultation with the person— (a) report the refusal or failure to the Minister; and (b) include details of the refusal or failure in the annual report of the Department. 14—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Chief Executive; (b) schools; (c) stand‑alone preschools; (d) children's services centres; (e) State authorities; (f) any other person or body declared by the regulations to be included within the ambit of this subsection. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations for the purposes of this Act, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform official functions relating to the education, health, safety, welfare or wellbeing of a child; or (b) to manage any risk to a child or class of children that might arise in the recipient’s capacity as an employer or provider of services. (3) Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether or not the information or documents ever disclosed the identity of a person, or has been redacted so as to de-identify it. (5) Information may be provided under this section regardless of whether the provider has been requested to provide the information. (6) A person or body who receives information or documents under this section must not (unless the information or documents are otherwise provided to a person or body to which this section applies under this section) disclose or communicate the information or documents to another person or body except where the disclosure or communication— (a) is required to assist the person or body disclosing or communicating the information or documents in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or (b) is required to assist the person or body disclosing or communicating the information or documents in the management of any risk to a child or class of children that might arise in the person's or body's capacity as an employer or provider of services; or (c) is reasonably required to lessen or prevent a serious threat to the life, health or safety of a child or other persons; or (d) is required or authorised under this Act or any other Act or law; or (e) is required or authorised by an order of a court or tribunal; or (f) is with the consent of— (i) in the case of information or documents that relate to a child—a person responsible for the child to whom it relates; or (ii) in any other case—the person to whom the information or documents relate; or (g) is in circumstances or for a purpose prescribed by the regulations. (7) Information or documents that have been disclosed or communicated under this section for a particular purpose must not be used for any other purpose by— (a) the person to whom the information or documents were disclosed or communicated; or (b) any other person who gains access to the information or documents (whether properly or improperly and whether directly or indirectly) as a result of that disclosure or communication, prescribed information and documents means— (a) information or documents relating to the education, health, safety, welfare or wellbeing of a particular child or class of children; or (b) any other information or document of a kind prescribed by the regulations for the purposes of this definition; State authorities—the following persons and bodies are State authorities: (a) a person who holds an office established by an Act; (b) a public sector agency; (c) South Australia Police; (d) a local council constituted under the Local Government Act 1999; (e) any incorporated or unincorporated body— (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, cooperatives, societies or other voluntary organisations); or (iii) established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); (f) any other person or body declared by the regulations to be a State authority for the purposes of this Act, but does not include a person or body declared by the regulations to be excluded from the ambit of this definition. 15—Report (1) The Chief Executive must, on or before 31 March in each year, report to the Minister on the operation of the Department during the 12 months ending on 31 December in the preceding year. (2) A report under this section must include the information required by the regulations. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 4—Preschools and children's services centres

Division 1—School‑based preschools 16—Minister may establish school‑based preschools (1) The Minister may establish such school‑based preschools as the Minister thinks fit. (2) A school‑based preschool— (a) must be established in relation to the school specified by the Minister; and (b) must provide preschool education as a program of the specified school; and (c) will, for the purposes of this Act, be taken to form part of the specified school, (and, for the purposes of this Act and the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law, a reference to the school will, unless the contrary intention is indicated, be taken to include a reference to the school‑based preschool). (3) A school‑based preschool— (a) may consist of such number of campuses or sites as the Minister thinks fit; and (b) need not be located at the same campus or site as the specified school in relation to which it is established. (4) To avoid doubt, if a school‑based preschool consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. 17—Governing councils of school‑based preschools (1) Subject to this Act, the governing council of the school in relation to which a school‑based preschool is established is the governing council for the school‑based preschool. (2) If the Minister establishes a school‑based preschool in relation to an existing school, the Minister— (a) must appoint to the governing council of the school such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool; and (b) must take such action under section 40 as the Minister thinks fit to ensure the constitution of the governing council reflects the establishment of the preschool; and (c) must comply with any other requirements set out in the regulations. (3) If the Minister establishes a school‑based preschool in relation to a new school, the Minister must ensure that the governing council of the school established under section 34 includes such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool.

Division 2—Stand‑alone preschools and children's services centres 18—Minister may establish stand‑alone preschools and children's services centres (1) The Minister may establish such stand‑alone preschools as the Minister thinks fit. (2) The Minister may establish such children's services centres as the Minister thinks fit. (3) A stand‑alone preschool or children's services centre may consist of such number of campuses or sites as the Minister thinks fit. (4) To avoid doubt, if a stand‑alone preschool or children's services centre consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool or children's services centre for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. 19—Governing councils of stand‑alone preschools and children's services centres (1) The Minister must, by notice in the Gazette, establish a governing council for each stand‑alone preschool or children's services centre. (2) Subject to this Act, the same body may be the governing council for 2 or more stand‑alone preschools or children's services centres, or a combination of stand‑alone preschools and children's services centres. (3) The governing council of a stand‑alone preschool or children's services centre— (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (4) Except where the governing council adopts a constitution approved by the Minister under section 21, the governing council of a stand‑alone preschool or children's services centre is to operate under the model constitution for governing councils of the relevant kind. (5) Subject to this Act and its constitution, the governing council of a stand‑alone preschool or children's services centre may determine its own procedures. (6) The regulations may make further provision in relation to governing councils of stand‑alone preschools and children's services centres for the purposes of this Act. 20—Composition of governing councils of stand‑alone preschools and children's services centres (1) Subject to this Act, the governing council for a stand‑alone preschool or children's services centre consists of— (a) the director of the preschool or children's services centre (ex officio); and (b) such number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act. (2) Subject to this Act, a majority of the persons appointed under subsection (1)(b) must be persons who are responsible for children attending, or who are to attend, the stand‑alone preschool or children's services centre. (3) The governing council of a stand‑alone preschool or children's services centre must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who— (a) is responsible for a child attending, or a child who is to attend, the stand‑alone preschool or children's services centre; and (b) is not a member of the staff of the stand‑alone preschool or children's services centre, (however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member). (4) If an election of members of the governing council of a stand‑alone preschool or children's services centre fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then— (a) the Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and (b) if that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case). (5) To avoid doubt, subsection (4) applies despite any provision of a governing council's constitution to the contrary. 21—Approval of constitutions by Minister (1) The Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a stand‑alone preschool or children's services centre. (2) An application under subsection (1)— (a) must be made in a manner and form determined by the Minister; and (b) must be accompanied by a copy of the proposed constitution. (3) However, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains— (a) the information and provisions required by the regulations in respect of a constitution of the relevant kind; and (b) a provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the director of the stand‑alone preschool or children's services centre; and (c) a provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and (d) any other information or provisions that the Minister may reasonably require (including provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council). (4) Nothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution. (5) The Minister must cause a copy of each constitution approved under this section, as in force from time to time— (a) to be kept available for public inspection during normal office hours at an office determined by the Minister; and (b) to be published on a website determined by the Minister. 22—Amendment of constitutions (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a stand‑alone preschool or children's services centre. (2) An amendment of a constitution under subsection (1) has effect— (a) if the notice specifies a day on which the amendment is to have effect—from that day; or (b) if the notice does not specify such a day—from the day on which the notice is published in the Gazette. (3) Without limiting subsection (1), the Minister may, by notice in writing, direct the governing council of a stand‑alone preschool or children's services centre to make such amendments to its constitution as are specified in the notice. (4) However, the Minister must not give a direction under subsection (3) unless the Minister— (a) has given written notice to the governing council setting out the proposed amendments at least 3 months before the direction; and (b) has had regard to any submissions made by the governing council before the date specified in the notice. (5) Subject to this Act, the governing council of a stand‑alone preschool or children's services centre may amend its constitution in accordance with its constitution. (6) An amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations. 23—Functions and powers of governing councils Subject to this Act, the governing council of a stand‑alone preschool or children's services centre— (a) is jointly responsible with the director of the preschool or children's services centre for the governance of the preschool or children's services centre; and (b) is to fulfil the roles specified in the constitution of the preschool or children's services centre in respect of— (i) strategic planning for the preschool or children's services centre; and (ii) determining policies for the preschool or children's services centre; and (iii) determining the application of the total financial resources available to the preschool or children's services centre; and (iv) presenting operational plans and reports on its operations to the community and the Minister, and has such other functions and powers as may be conferred on it— (c) by or under this Act; or (d) by the Minister or the Chief Executive; or (e) by its constitution. 24—Limitations on powers of governing councils (1) The governing council of a stand‑alone preschool or children's services centre may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent. (2) The governing council of a stand‑alone preschool or children's services centre may only borrow money with the Minister's written consent. (3) The governing council of a stand‑alone preschool or children's services centre must not interfere, or take any action that interferes, with— (a) in the case of a stand‑alone preschool—the provision, or the day-to-day management of the provision, of preschool education in the preschool; or (b) in the case of a children's services centre—the provision, or the day-to-day management of the provision, of children's services at the children's services centre; or (c) in any case—the administration of discipline to children attending the stand‑alone preschool or children's services centre. (4) The governing council of a stand‑alone preschool or children's services centre must not give directions to the director of the preschool or children's services centre or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council), in relation to the manner in which the person carries out their duties. (5) A complaint received by the governing council of a stand‑alone preschool or children's services centre against the director or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council) must— (a) in the case of a complaint against the director—be passed on without comment to the Chief Executive; and (b) in any other case—be passed on without comment to the director of the preschool or children's services centre. (6) The Treasurer may guarantee repayment by a governing council of a stand‑alone preschool or children's services centre of a loan (together with interest and incidental charges connected with the loan). (7) A liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent).

Division 3—Continuation of children's services centres registered under Children's Services Act 1985 25—Application of Division (1) This Division applies to a children's services centre that was, immediately before the commencement of this section, registered under the Children's Services Act 1985 (a registered children's services centre). (2) Nothing in this Division affects the registration (if any) of a registered children's services centre under the Education and Early Childhood Services (Registration and Standards) Act 2011. 26—Continuation of registered children's services centres (1) Subject to this Act, the following provisions apply to a registered children's services centre: (a) the registered children's services centre will be taken to continue as— (i) a stand‑alone preschool established under this Act; or (ii) a children's services centre established under this Act, (determined according to the services provided by the registered children's services centre immediately prior to the commencement of this section); (b) the management committee of the registered children's services centre will continue as the governing council of the children's services centre or stand‑alone preschool (and sections 19 and 20 will be taken not to apply to the governing council); (c) the constitution of the registered children's services centre (as in force immediately before the commencement of this section) continues in force as the constitution of the children's services centre or stand‑alone preschool. (2) To avoid doubt, a registered children's services centre continues as a stand‑alone preschool or a children's services centre under subsection (1)(a) as a body corporate. (2a) A reference in this Act to a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates the stand‑alone preschool or children's services centre being unincorporated) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires). (2b) A reference in this Act to the governing council of a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates or requires the governing council being, or to be, a body corporate) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires). Example— Section 24 contemplates the governing council of a stand‑alone preschool or children's services centre entering into a transaction, or borrowing money. (3) A reference in any Act, instrument or document to a registered children's services centre, or to the management committee of a registered children's services centre, is to be construed according to the operation of subsection (1). (4) Nothing in this section affects any title to the property, assets or liabilities of a registered children's services centre. (5) A stand‑alone preschool or children's services centre continued under this Division is exempt from the payment of land tax under the Land Tax Act 1936. 26A—Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act (1) Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified stand‑alone preschool or children's services centre continued by section 26 will be taken to be a stand‑alone preschool or children's services centre established under this Act. (2) Before making a declaration under this section in relation to a stand‑alone preschool or children's services centre, the Minister must consult with the governing council of the stand‑alone preschool or children's services centre. (3) On the day specified in the notice under subsection (1)— (a) Sections 19 (other than subsection (1)) and 20 will apply to the governing council of the stand‑alone preschool or children's services centre; and (b) section 26 ceases to apply to the stand‑alone preschool or children's services centre; and (c) the incorporation of the stand‑alone preschool or children's services centre is dissolved; and (d) the property (including, to avoid doubt, real property), assets and liabilities of the stand‑alone preschool or children's services centre (as existing immediately before the day specified in the notice) will vest in the Minister; and (e) the stand‑alone preschool or children's services centre will be taken to be a stand‑alone preschool or children's services centre (as the case requires) established under section 18. (4) The Minister may, by notice in the Gazette, transfer specified property, assets or liabilities vested in the Minister under this section to a specified person or body. (5) No stamp duty is payable under a law of the State in respect of a transfer under subsection (4). (6) To avoid doubt, a declaration may be made under this section in relation to a stand‑alone preschool or children's services centre without the need to close the stand‑alone preschool or children's services centre in accordance with section 29. (7) The regulations may make further provision in relation to declarations under this section.

Division 4—Removal of members of governing councils etc 27—Minister may remove member of governing council The Minister may remove a member of the governing council of a stand‑alone preschool or children's services centre from office— (a) for misconduct (including any breach of a code of practice approved by the Minister under section 10(2)(b) and applying to the member); or (b) for failure or incapacity to carry out the duties of office satisfactorily; or (c) for any other reasonable cause. 28—Minister may prohibit or limit performance of functions etc by governing council (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in writing, prohibit or limit the performance of a specified function, or the exercise of a specified power, by the governing council of a stand‑alone preschool or children's services centre. (2) The Minister must cause a copy of a notice under subsection (1) to be given to the director of the stand‑alone preschool or children's services centre (as the case requires). (3) A prohibition or limitation imposed under this section— (a) must comply with any requirements set out in the regulations; and (b) has effect despite the provisions of the constitution of the governing council. (4) The Minister may, by notice in writing, vary or revoke a notice under subsection (1).

Division 5—Closure of stand‑alone preschools and children's services centres 29—Closure of stand‑alone preschools and children's services centres (1) The Minister may, on an application by the governing council of a stand‑alone preschool or children's services centre, close the stand‑alone preschool or children's services centre. (2) The Minister may, on the Minister's own motion, close a stand‑alone preschool or children's services centre— (a) in the case of a stand‑alone preschool (including a stand‑alone preschool continued under Division 3)—if less than 10 children per year attend the preschool for a period of 2 successive years; or (b) in any case—in any circumstances prescribed by the regulations for the purposes of this subsection. (3) In the case of the closure of a stand‑alone preschool or a children's services centre (other than a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (4) Subject to any provision of the constitution of the preschool or children's services centre to the contrary, in the case of the closure of a stand‑alone preschool or a children's services centre (being a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (5) The Minister may, by notice in the Gazette, dissolve the incorporation of a stand‑alone preschool or children's services centre closed under this section, or the governing council of such a preschool or children's services centre. (5a) If the governing council of a stand‑alone preschool or children's services centre is dissolved under this section— (a) the Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council to a specified person or body; and (b) any remaining assets and liabilities of the governing council vest in the Minister. (5b) No stamp duty is payable under a law of the State in respect of a transfer under subsection (5a). (6) However, the Minister need not comply with the requirements of this section in relation to the temporary closure of a stand‑alone preschool or children's services centre in an emergency or for the purposes of carrying out building work. (7) The regulations may make further provision in relation to the closure of stand‑alone preschools and children's services centres for the purposes of this Act.

Division 6—Miscellaneous 30—Conflict of interest (1) A member of the governing council of a stand‑alone preschool or children's services centre who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council— (a) must, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and (b) must not take part in discussions or decisions of the governing council with respect to that contract; and Maximum penalty: $20 000. (2) If a member of the governing council of a stand‑alone preschool or children's services centre discloses an interest in a contract or proposed contract in accordance with this section— (a) the contract is not liable to be avoided by the governing council on any ground arising from the fiduciary relationship between the member and the governing council; and (b) the member is not liable to account for profits derived from the contract. (3) This section does not apply in relation to a contract in which a member of the governing council of a stand‑alone preschool or children's services centre has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest. 31—Accounts may be audited The Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a stand‑alone preschool or children's services centre. 32—Corporal punishment prohibited (1) Corporal punishment (however described) must not be imposed on a child enrolled in, or attending at, a preschool or children's services centre. (2) The Chief Executive must take all reasonable steps to ensure that principals, directors, officers of the teaching service and all other persons employed in, or in relation to, a Government preschool or children's services centre comply with subsection (1). (3) For the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life.

Part 5—Government schools Division 1—Establishment of schools 33—Minister may establish schools (1) The Minister may establish such schools as the Minister thinks fit. (2) A school may consist of such number of campuses or sites as the Minister thinks fit. (3) To avoid doubt, if a school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. Division 2—Governing councils and affiliated committees

Subdivision 1—Governing councils and affiliated committees 34—Governing councils of schools (1) The Minister must, by notice in the Gazette, establish a governing council for each school established under this Act. (2) Subject to this Act, the same body may be the governing council for 2 or more schools. (3) A governing council— (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (4) Except where the governing council adopts a constitution approved by the Minister under Subdivision 2, the governing council of a school is to operate under the model constitution for governing councils of the relevant kind. (5) Subject to this Act and its constitution, the governing council of a school may determine its own procedures. (6) The regulations may make further provision in relation to governing councils of schools for the purposes of this Act. 35—Composition of governing councils of schools (1) Subject to this Act, the governing council of a school consists of— (a) the principal of the school (ex officio); and (b) such number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act. (2) Subject to this Act, a majority of the persons appointed under subsection (1)(b) must, unless the school is wholly or principally for adult students, be persons who are responsible for students enrolled in, or children who are to attend, the school. (3) The governing council of a school must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who— (a) except in the case of a school that is wholly or principally for adult students, is responsible for a student enrolled in, or a child who is to attend, the school; and (b) is not a member of the staff of the school or a person employed in an administrative unit for which the Minister is responsible, (however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member). (4) If an election of members of the governing council of a school fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then— (a) the Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and (b) if that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case). (5) To avoid doubt, subsection (4) applies despite the provisions of the governing council's constitution to the contrary. (6) If a school includes, or is to include, a school‑based preschool, the governing council will be taken to include any persons appointed under section 17(2). 36—Affiliated committees (1) The Minister may authorise the establishment of committees to be affiliated with a governing council (an affiliated committee). Note— An example of an affiliated committee would be a parents and friends committee. (2) Except where an affiliated committee adopts a constitution approved by the Minister under Subdivision 2, an affiliated committee is to operate under the model constitution for affiliated committees of the relevant kind. (3) The regulations may make further provision in relation to affiliated committees for the purposes of this Act. 37—Conflict of interest (1) A member of the governing council of a school who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council— (a) must, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and (b) must not take part in discussions or decisions of the governing council with respect to that contract; and Maximum penalty: $20 000. (2) A member of an affiliated committee who has a direct or indirect pecuniary interest in a contract or proposed contract with the affiliated committee, or the governing council with which the committee is affiliated— (a) must, as soon as the member becomes aware of the interest, disclose the nature of the interest to the affiliated committee and governing council; and (b) must not take part in discussions or decisions of the affiliated committee with respect to that contract; and Maximum penalty: $20 000. (3) If a member of the governing council of a school or an affiliated committee discloses an interest in a contract or proposed contract in accordance with this section— (a) the contract is not liable to be avoided by the governing council or affiliated committee on any ground arising from the fiduciary relationship between the member and the governing council or affiliated committee (as the case requires); and (b) the member is not liable to account for profits derived from the contract. (4) This section does not apply in relation to a contract in which a member of the governing council of a school or an affiliated committee has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest. 38—Accounts may be audited The Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a school or an affiliated committee.

Subdivision 2—Approval and amendment of constitutions 39—Approval of constitutions by Minister (1) The Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a school or an affiliated committee. (2) An application under subsection (1)— (a) must be made in a manner and form determined by the Minister; and (b) must be accompanied by a copy of the proposed constitution. (3) However, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains— (a) the information and provisions required by the regulations in respect of a constitution of the relevant kind; and (b) in the case of a constitution of a governing council— (i) a provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school; and (ii) a provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and (c) any other information or provisions that the Minister may reasonably require (including, in the case of a governing council of a school, provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council). (4) Nothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution. (5) The Minister must cause a copy of each constitution approved under this section, as in force from time to time— (a) to be kept available for public inspection during normal office hours at an office determined by the Minister; and (b) to be published on a website determined by the Minister. 40—Amendment of constitutions (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a school or an affiliated committee. (2) An amendment of a constitution under subsection (1) has effect— (a) if the notice specifies a day on which the amendment is to have effect—from that day; or (b) if the notice does not specify such a day—from the day on which the notice is published in the Gazette. (3) The Minister may, by notice in writing, direct the governing council of a school or an affiliated committee to make such amendments to its constitution as are specified in the notice. (4) However, the Minister must not give a direction under subsection (3) unless the Minister— (a) has given written notice to the governing council or affiliated committee setting out the proposed amendments at least 3 months before the direction is given; and (b) has had regard to any submissions made by the governing council or affiliated committee (as the case requires) made before the date specified in the notice. (5) Subject to this Act, the governing council of a school or an affiliated committee may amend its constitution in accordance with its constitution. (6) An amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations.

Subdivision 3—Functions and powers of governing councils and affiliated committees 41—Functions and powers of governing councils and affiliated committees (1) Subject to this Act, the governing council of a school— (a) is jointly responsible with the principal of the school for the governance of the school; and (b) is to fulfil the roles specified in the constitution of the governing council in respect of— (i) strategic planning for the school; and (ii) determining policies for the school; and (iia) the education, care, development, recreation, health or welfare of students outside of school hours; and (iii) determining the application of the total financial resources available to the school; and (iv) presenting operational plans and reports on its operations to the community and the Minister, and has such other functions and powers as may be conferred on it— (c) by or under this Act; or (d) by the Minister or the Chief Executive; or (e) by its constitution. (2) Subject to this Act, an affiliated committee has such functions and powers as may be conferred on it— (a) by or under this Act; or (b) by the governing council with which it is affiliated; or (c) by its constitution. 42—Limitations on powers of governing councils and affiliated committees (1) The governing council of a school may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent. (2) The governing council of a school may only borrow money with the Minister's written consent. (3) The governing council of a school or an affiliated committee must not interfere, or take any action that interferes, with— (a) the provision, or the day-to-day management of the provision, of instruction in the school in accordance with the curriculum determined by the Chief Executive; or (b) the administration of discipline to students enrolled at or attending the school. (4) The governing council of a school or an affiliated committee must not give directions to the principal, or any other member of the staff of the school (other than an employee of the governing council), in relation to the manner in which the person carries out their duties. (5) A complaint received by the governing council of a school or an affiliated committee against the principal or any other member of the staff of the school (other than an employee of the governing council) must— (a) in the case of a complaint against the principal—be passed on without comment to the Chief Executive; and (b) in any other case—be passed on without comment to the principal of the school. (6) The Treasurer may guarantee repayment by the governing council of a school of a loan (together with interest and incidental charges connected with the loan). (7) A liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent).

Subdivision 4—Arrangements on closure or amalgamation of schools 43—Minister may make arrangements for governing councils etc on closure or amalgamation of school (1) The Minister may, by notice in the Gazette, in relation to the amalgamation or closure of a school under Division 3— (a) dissolve the governing council of the school; or (b) dissolve the governing councils of 2 or more schools and establish a single governing council for those schools; or (c) if a governing council operates for 2 or more schools, dissolve the governing council and establish separate governing councils for those schools. (2) The Minister may, by notice in the Gazette, dissolve an affiliated committee following the amalgamation or closure of a school. (3) The Minister may, in establishing a governing council under this section, determine the constitution under which the governing council is to operate and make arrangements for the election or appointment of the governing council's elected or appointed members. (4) If the governing council of a school or affiliated committee is dissolved under this section— (a) the Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council or affiliated committee to a specified person or body; and (b) any remaining assets and liabilities of the governing council or affiliated committee vest in the Minister. (5) No stamp duty is payable under a law of the State in respect of a transfer under subsection (4).

Subdivision 5—Removal of members of governing councils and affiliated committees etc 44—Minister may remove member of governing council or affiliated committee The Minister may remove a member of the governing council of a school or an affiliated committee from office— (a) for misconduct (including any breach of a code of practice approved by the Minister under section 10(2)(b) and applying to the member); or (b) for failure or incapacity to carry out the duties of office satisfactorily; or (c) for any other reasonable cause. 45—Minister may prohibit or limit performance of functions etc by governing council or affiliated committee (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in writing, prohibit or limit the performance of a specified function, or the exercise of a specified power, by the governing council of a school or an affiliated committee. (2) The Minister must cause a copy of a notice under subsection (1) to be given to the principal of the school. (3) A prohibition or limitation imposed under this section— (a) must comply with any requirements set out in the regulations; and (b) has effect despite the provisions of the constitution of the governing council or affiliated committee. (4) The Minister may, by notice in writing, vary or revoke a notice under subsection (1).

Subdivision 6—Governing Councils Legal Fund 46—Interpretation In this Subdivision— Crown Solicitor has the same meaning as in the Crown Proceedings Act 1992; Fund means the Governing Councils Legal Fund established under section 47. 47—Governing Councils Legal Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Governing Councils Legal Fund. (2) The Fund consists of— (a) the money provided by Parliament for the purposes of the Fund; and (b) any money paid into the Fund under this or any other Act. (3) Any money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer. (4) Income from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund or into the Consolidated Account. (5) A deficiency in the Fund will be met from the Consolidated Account. 48—Payments from Fund (1) The Fund is to be applied as follows: (a) as payment for the costs of independent legal advice incurred, or to be incurred, by the governing council of a school in relation to a dispute between the governing council and the Department; (b) as payment of the expenses of administering the Fund; (c) as may otherwise be authorised by or under this or any other Act. (2) The governing council of a school may, in a manner and form determined by the Crown Solicitor, apply to the Crown Solicitor for approval of a payment from the Fund under subsection (1)(a). (3) The Crown Solicitor may refer an application by a governing council under subsection (2) for determination by such other person as is nominated by the Crown Solicitor (a nominated person). (4) A payment may only be made from the Fund under subsection (1)(a) with the approval of the Crown Solicitor or a nominated person. (5) A governing council making an application for payment from the Fund must provide the Crown Solicitor or a nominated person (as the case requires) with such information or documents as may reasonably be required to enable the Crown Solicitor or the nominated person to determine the application. (6) The Crown Solicitor or a nominated person (as the case requires) must approve the payment from the Fund under subsection (1)(a) if the Crown Solicitor or the nominated person is satisfied that— (a) there is a genuine dispute between the governing council and the Department that is not trivial, frivolous or vexatious; and (b) it is necessary or appropriate that the governing council seek independent legal advice in relation to the dispute; and (c) the legal advice is, or is to be, provided by a legal practitioner with the appropriate skills and experience; and (d) the costs of the independent legal advice incurred, or to be incurred are reasonable. (7) In performing a function under this section, the Crown Solicitor or a nominated person (as the case requires) is, despite the Public Sector Act 2009 or any other Act or law, independent of direction or control by the Crown or any Minister or officer of the Crown. (8) Nothing in this section prevents a governing council from seeking any legal advice it thinks fit. 49—Accounts The Minister must cause proper accounts to be kept of money paid into and payments made from the Fund. 50—Audit of Fund The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund. Division 3—Amalgamation and closure of schools 51—Amalgamation of schools (1) The Minister may amalgamate 2 or more schools— (a) if, in respect of each school to be amalgamated— (i) if the school is wholly or principally for adult students—a majority of the students enrolled in the school; or (ii) in any other case—a majority of the persons who are responsible for students enrolled in the school, indicate, in a manner and form determined by the Minister, that they support the amalgamation; or (b) after having regard to any recommendation of a review committee following a review under section 53. (2) The Minister must, as soon as reasonably practicable after making a decision to amalgamate 2 or more schools, give written notice of the decision and the reasons for it to— (a) the principal; and (b) the governing council, of each school to which the decision relates. (3) To avoid doubt, a Government school must not be amalgamated with a non-Government school. 52—Closure of schools (1) The Minister may close a school— (a) if— (i) the school is wholly or principally for adult students—a majority of the students enrolled in the school; or (ii) the school includes a school‑based preschool—a majority of the persons who are responsible for students enrolled in the school and a majority of the persons who are responsible for children attending the preschool; or (iii) in any other case—a majority of the persons who are responsible for students enrolled in the school, indicate, in a manner and form determined by the Minister, that they support the closure; or (b) after having regard to any recommendation of a review committee following a review under section 53. (2) The Minister must, as soon as reasonably practicable after making a decision to close a school, give written notice of the decision and the reasons for it to— (a) the principal of the school; and (b) the governing council of the school. (3) However, the Minister need not comply with the requirements of this section in relation to the temporary closure of a school in an emergency or for the purposes of carrying out building work. 53—Review of schools in a particular area (1) The Minister may cause a review to be conducted under this section for the purposes of— (a) considering all of the schools within an area determined by the Minister (the review area); and (b) addressing the question of whether all of those schools continue to be required and, if not, whether 1 or more schools should be amalgamated or closed (as the case requires). (2) The following provisions apply to a review under this section: (a) the Minister must give written notice of the review to— (i) the principal; and (ii) the presiding member of the governing council, of each school to which the review relates; (b) the Minister must, within 21 days of giving notice under paragraph (a)— (i) establish a review committee under section 54 to conduct the review (the review committee); and (ii) provide the review committee with the Minister's reasons for requiring the review; (c) the review must be conducted by the review committee; (d) the review committee must, in accordance with a scheme determined by the Minister— (i) call for public submissions on— (A) the present and future use of schools within the review area; and (B) the likely effect on schools outside the review area in the event of the amalgamation or closure (as the case requires) of a school or schools within the review area; and (ii) call for submissions from or meet with— (A) the governing council; and (B) teachers; and (C) a majority of the persons who are responsible for students; and (D) any other school staff, of each school within the review area; (e) the review committee must, in the course of the review, have regard to— (i) the educational, social and economic needs of the local communities within the review area and those of the State as a whole; and (ii) any other matter specified by the Minister, and may have regard to any other matter the review committee considers relevant; (f) the review must comply with any other requirement set out in the regulations. (3) A review committee must, no later than the date specified by the Minister (being not less than 3 months after the date on which the committee was established), submit to the Minister a written report setting out— (a) the findings of the review committee in respect of the review; and (b) the recommendations of the review committee in respect of the amalgamation or closure of any school within the review area (including, to avoid doubt, a recommendation that a school not be amalgamated or closed). (4) If a review committee has not provided a written report under subsection (3) within the period specified by the Minister, the review committee will be taken to have recommended that any amalgamation or closure (as the case requires) to which the review relates occur. 54—Review committees (1) The Minister may establish a committee (a review committee) to conduct a review under section 53. (2) A review committee will consist of the following members, appointed by the Minister: (a) at least 2 persons nominated by the Minister (1 of whom will be appointed by the Minister to be the presiding member); (b) — (i) if the review area under section 53 falls wholly or partly within the area of a local council—the principal member of the local council (or a person nominated by the principal member); or (ii) in any other case—a person nominated by the Minister to whom the administration of the Local Government Act 1999 is committed; (c) the Chief Executive or a person nominated by the Chief Executive; (d) a person (not being a teacher at a school to which the review relates) nominated by the Australian Education Union (SA Branch); (e) the principal of each school to which the review relates; (f) a person nominated by the governing council of each school to which the review relates. (3) If, after making a request by notice in writing, the Minister does not receive a nomination under subsection (2)(d) within the time specified in the notice (which must not be less than 14 days) the Minister may, in lieu of such a nominee, appoint a person who is a member of staff of a school to which the review relates in accordance with the regulations. (4) The total number of members appointed under subsection (2)(a) must not exceed the number gained by multiplying the number of schools to which the review relates by 2. (5) The Minister must appoint a member of a review committee, nominated by the presiding member, to be the deputy presiding member. (6) The terms and conditions of membership of a review committee will be as determined by the Minister. (7) A quorum of a review committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (8) Each member of a review committee is entitled to 1 vote on any question arising for decision by the committee. (9) A decision supported by a majority of the votes cast by members of the review committee present at a meeting of the committee is a decision of the committee. (10) The presiding member or, in the presiding member's absence, the deputy presiding member will preside at any meeting of a review committee. (11) The person presiding at a meeting of a review committee has, in addition to a deliberative vote, a casting vote in the event of an equality of votes. (12) An act or proceeding of a review committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (13) Subject to this Act, a review committee may determine its own procedures. 55—Minister to report to Parliament if recommendations of review committee not followed If the Minister makes a decision that a school should be closed, or that 2 or more schools should be amalgamated, contrary to the recommendations of a review committee, the Minister must, within 3 sitting days of the decision, cause a copy of the review committee's report under section 53(3) and a statement of the reasons for the Minister's decision to be laid before each House of Parliament.

Part 6—Special purpose schools 56—Minister may establish special purpose schools (1) The Minister may establish schools (special purpose schools) for the following purposes: (a) the provision of primary or secondary education to children and other persons detained in training centres or prisons; (b) the provision of primary or secondary education to children and other persons in hospitals or other healthcare facilities; (c) the provision of primary or secondary education to particular groups within the community; (d) the provision of education in, or relating to, particular languages; (e) any other purpose prescribed by the regulations for the purposes of this subsection. (2) A special purpose school may consist of such number of campuses or sites as the Minister thinks fit. (3) To avoid doubt, if a special purpose school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. (4) The regulations may make further provision in relation to special purpose schools for the purposes of this Act. 56A—Minister may declare existing school to be special purpose school (1) Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified school will be taken to be a special purpose school. (2) Before making a declaration under this section in relation to a school, the Minister must consult with the governing council of the school. (3) To avoid doubt, a declaration may be made under this section in relation to a school without the need to close the school in accordance with section 52. (4) The regulations may make further provision in relation to declarations under this section. 57—Governing council and constitution (1) For the purposes of this Act, the governing council of a special purpose school consists of— (a) if the constitution of the governing council provides for the composition of the governing council—the person or persons appointed by the Minister from time to time in accordance with the constitution; or (b) if the constitution of the governing council does not provide for the composition of the governing council—the Chief Executive. (2) A governing council of a special purpose school— (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (3) For the purposes of this Act, the constitution of the governing council of a special purpose school will be the constitution determined from time to time by the Minister. 58—Closure of special purpose schools (1) The Minister may close a special purpose school for any reason the Minister thinks fit. (2) The Minister must, as soon as reasonably practicable after making a decision to close a special purpose school, give written notice of the decision and the reasons for it to— (a) the principal of the special purpose school; and (b) the persons responsible for students of the special purpose school. (3) However, the Minister need not comply with subsection (2) in relation to the temporary closure of a special purpose school in an emergency or for the purposes of carrying out building work. 59—Modification of operation of Act in relation to special purpose schools (1) Part 5 does not apply to a special purpose school. (2) The regulations may modify the operation of specified provisions of this Act in relation to a special purpose school and the education services provided by or at a special purpose school (including by providing that specified provisions of the Act do not apply in relation to a special purpose school). Part 7—Provision of education in schools Division 1—Enrolment Subdivision 1—Compulsory enrolment in school or approved learning program 60—Children of compulsory school age must be enrolled in school (1) Subject to this Act, a child of compulsory school age must be enrolled in a school in accordance with the requirements set out in the regulations. (2) If a child of compulsory school age is not enrolled as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1). (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's enrolment; and (b) warning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1). 61—Children of compulsory education age must be enrolled in approved learning program (1) Subject to this Act, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, in accordance with the requirements set out in the regulations. (2) However, subsection (1) does not apply to a child of compulsory education age who has, in accordance with any requirements set out in the regulations, achieved a qualification under an approved learning program. (3) If a child of compulsory education age is not enrolled in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence. (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1). (5) In proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1). (6) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's enrolment; and (b) warning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1). 62—Chief Executive may direct that child be enrolled in particular school (1) The Chief Executive may, by notice in writing, direct that a specified child be enrolled in a specified school (including a special school) if the Chief Executive is satisfied that— (b) it would, having regard to the child's health, safety or welfare, be appropriate to do so; or (c) it would, having regard to the health, safety or welfare of students and staff at another school, be appropriate to do so, and, if such a direction is given, the child may be refused enrolment in any school other than the specified school. (2) Before giving a direction under this section, the Chief Executive must take reasonable steps to consult with— (a) each person who is responsible for the child; and (b) any other person or body prescribed by the regulations, and may consult with such other persons or bodies as the Chief Executive thinks fit. (3) The Chief Executive may, by notice in writing, vary or revoke a direction under this section. (4) This section does not apply in relation to a child if the child is, or is to be, enrolled in a non-Government school. (5) The regulations may make further provision in relation to a direction under this section for the purposes of this Act (including provisions limiting the circumstances in which a direction may be given). 63—Chief Executive may direct that child be enrolled in another school if improperly enrolled (1) The Chief Executive may, by notice in writing, direct that a specified child who is enrolled in a Government school (including a special school) be instead enrolled at another Government school if the Chief Executive is satisfied that the child was enrolled at the school on the basis of false or misleading information (including, to avoid doubt, information based on the residential address of the child or 1 or more of the persons responsible for the child). (2) If a direction is given under subsection (1)— (a) the enrolment of the child at the school will be taken to be cancelled from the date specified in the notice; and (b) the child may be refused enrolment at any Government school other than the Government school specified in the notice. (3) The Chief Executive may, by notice in writing, vary or revoke a direction under this section. (4) The regulations may make further provision in relation to a direction under this section for the purposes of this Act.

Subdivision 1A—Enrolment of children or students with disability 63A—Enrolment of children with disability (1) A child must not be refused enrolment at a school on the basis that the child has a disability unless the enrolment of the child would impose an unjustifiable hardship on the school. (2) For the purposes of subsection (1), in determining whether a hardship that would be imposed on a school would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including— (a) the matters referred to in section 11 of the Disability Discrimination Act 1992 of the Commonwealth; and (b) any relevant provisions of the Disability Standards for Education 2005 made under the Disability Discrimination Act 1992 of the Commonwealth. 63B—Reporting in relation to refusal or cancellation of enrolment of children or students with disability (1) The principal of a school must, on or before 31 May in each year, in the manner and form determined by the Minister, provide a report, or cause a report to be provided, to the Minister, setting out the following information (the required information) in relation to the preceding calendar year: (a) the number of children with a disability that were refused enrolment at the school on the ground that it would impose an unjustifiable hardship on the school (including if there were no such children); (b) the number of students with a disability whose enrolment at the school was cancelled (including if there were no such students); (c) any measures taken by the school to reduce the number of refusals or cancellations of enrolments of children or students with a disability; (d) any other information prescribed by the regulations for the purposes of this subsection. (2) For the purposes of subsection (1), and without limiting that subsection, a principal of a school will be taken to have provided a report, or caused a report to be provided, to the Minister, if— (a) the school records the required information on a record management system (however described); and (b) on or before 31 May in each year—a report consisting of an extract of the record management system containing the required information is provided to the Minister, in the manner and form determined by the Minister. (3) To avoid doubt, a report referred to in subsection (2)(b) may include required information that relates to more than 1 school. (4) A principal of a school must not, without reasonable excuse, refuse or fail to comply with subsection (1). (5) The Minister must, on or before 31 August in each year, in the manner and form determined by the Minister, publish a report setting out the following information in relation to the preceding calendar year: (a) the number of times children with a disability were refused enrolment at Government schools on the ground that it would impose an unjustifiable hardship on the school; (b) the number of times children with a disability were refused enrolment at non‑Government schools on the ground that it would impose an unjustifiable hardship on the school; (c) the number of times the enrolment of students with a disability at Government schools was cancelled; (d) the number of times the enrolment of students with a disability at non‑Government schools was cancelled; (e) information regarding any trends identified in relation to— (i) the refusal or cancellation of the enrolment of children or students with a disability; and (ii) measures taken to reduce the number of refusals or cancellations of enrolments of children or students with a disability by— (A) Government schools; and (B) non‑Government schools; (f) any other information prescribed by the regulations for the purposes of this subsection. (6) Information provided for the purposes of this section must not identify (either directly or indirectly) any individual to whom the information relates. (7) Information provided under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991. Editorial note— Section 63B will come into operation on 1 September 2027. Subdivision 2—Enrolment of adult students 64—Special provisions relating to enrolment of adult students (1) An adult person must not be enrolled in a school if they are a prohibited person under the Child Safety (Prohibited Persons) Act 2016. (2) Without limiting subsection (1), an adult person must not be enrolled at a school unless a working with children check has been conducted in relation to the person within the preceding 5 years. (3) Subsections (1) and (2) do not apply to— (a) the continuing enrolment in a school of a student who attains 18 years of age while enrolled in the school; or (b) the enrolment of an adult student in a special purpose school providing education to persons detained in training centres or prisons; or (c) any other enrolments of a kind declared by the regulations to be included within the ambit of this subsection. (4) The principal of a school may refuse to enrol an adult student if the principal believes on reasonable grounds that— (a) it would, having regard to the results of the person's working with children check or any other information relating to the person of which the principal is aware, be inappropriate to enrol the person in the school; or (b) it would otherwise not be in the interests of the students or staff at the school to enrol the person in the school. (5) The principal of a school may, with the approval of the Chief Executive, refuse to enrol an adult student for any other reason the principal thinks fit. (6) The regulations may make further provision in relation to the enrolment of adult students in schools for the purposes of this Act. (7) Without limiting the generality of subsection (6), the regulations may provide for— (a) the provision of information by adult students; or (b) the cancellation of the enrolments of adult students. Subdivision 3—Information gathering 65—Certain information to be provided on enrolment (1) A person who is responsible for a child who is to be enrolled in a school or an approved learning program must provide to the principal of the school or the head of the approved learning program (as the case requires)— (a) the full name and each residential address of the child; and (b) the date of birth of the child; and (c) details of any school or approved learning program in which the child was previously, or is currently, enrolled; and (d) information relating to the academic progress of the child in a school or approved learning program in which the child was previously, or is currently, enrolled; and (e) any other information or documents prescribed by the regulations for the purposes of this subsection. (2) The information or documents required under subsection (1) must be provided in a manner and form determined by the principal of the school or head of the approved learning program (as the case requires). (3) A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence. 66—Chief Executive may require further information relating to child (1) The Chief Executive may, by notice in writing, require a person who is responsible for a child to provide to the Chief Executive such information or documents relating to the child as may be specified in the notice (being information or documents in the possession of the person that is reasonably required in the administration, operation or enforcement of this Act). (2) To avoid doubt, the information or documents that may be required under subsection (1) may include, but is not limited to, any of the following: (a) medical certificates, reports or advice relating to a child; (b) reports relating to the mental, emotional and social wellbeing of a child; (c) referrals for a medical, psychological or allied health service relating to a child; (d) any other personal information relating to a child. (3) The information or documents required under subsection (1) must be provided to the Chief Executive in the manner and form, and within the period, specified in the notice. (4) A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence. 67—Principal may require other principal to provide report in respect of specified child (1) The principal of a school, or the head of an approved learning program, in which it is proposed a specified child be enrolled may, by notice in writing, require the principal of a specified school or the head of a specified approved learning program (being a school or approved learning program in which the child is, or was previously, enrolled) to prepare and provide a report relating to the child setting out the information specified in the notice. (2) A notice under subsection (1)— (a) may, subject to the regulations, require the following information to be provided: (i) information relating to any previous or current enrolment of the child in the specified school or approved learning program; (ii) information relating to the academic progress of the specified child in the specified school or approved learning program; (iii) information that relates to the safety or wellbeing of the specified child or that may be relevant to the safety or wellbeing of other children or persons at the school or the premises at which an approved learning program is conducted; (iv) any other information of a specified kind relating to the child that the principal of the school or head of the approved learning program (as the case requires) considers necessary or appropriate in relation to the child's education; and (b) must comply with any requirements set out in the regulations. (3) A report under subsection (1)— (a) must be provided in a manner and form determined by the Minister; and (b) must be provided within the period specified in the notice (being not less than the period determined by the Minister for the purposes of this paragraph); and (c) must be accompanied by copies of such records or documents as may be specified in the notice; and (d) must contain such information as may be specified in the notice. (4) A principal of a school or head of an approved learning program must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1). Maximum penalty: $2 500. (5) A principal of a school, or the head of an approved learning program to whom a report is provided under this section must not disclose personal information contained in the report to any other person or body unless the disclosure— (a) is required in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or (b) is with the consent of— (i) in the case of information that relates to a child—a person responsible for the child to whom it relates; or (ii) in any other case—the person to whom the information relates; or (c) is reasonably required to lessen or prevent a serious threat to the life, health, or safety of a child or other persons; or (d) is required or authorised under this Act or any other Act or law; or (e) is required or authorised by an order of a court or tribunal; or (f) is in circumstances or for a purpose prescribed by the regulations. (6) Information that has been disclosed in a report under this section for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure, Division 2—Attendance at school and participation in approved learning programs Subdivision 1—Compulsory attendance at school and participation in approved learning program 68—Child of compulsory school age must attend school (1) Subject to this Act, a child of compulsory school age must attend at the school in which they are enrolled on every day, and for such parts of every day, that instruction is provided for the child at the school. (2) If a child of compulsory school age fails to attend school as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) However, subsection (2) does not apply to a particular failure to attend school if— (a) the reason for the failure is— (i) the child was sick or infirm; or (iii) any other reason prescribed by the regulations; and (b) a person who is responsible for the child advises the principal of the school within 3 school days after the failure of the reason for the child's failure to attend school. (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates attended school as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to attend school as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's attendance at school; and (b) warning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not attend school as required by subsection (1). 69—Child of compulsory education age must participate in approved learning program (1) Subject to this Act, a child of compulsory education age must participate in an approved learning program in which they are enrolled on every day, and for such parts of every day, that instruction is provided in relation to the program. (2) If a child of compulsory education age fails to participate in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) However, subsection (2) does not apply to a particular failure to participate in an approved learning program if— (a) the reason for the failure is— (i) the child was sick or infirm; or (iii) the child was reasonably required to care for a member of the child's family; or (iv) any other reason prescribed by the regulations; and (b) a person who is responsible for the child advises the head of the approved learning program within 3 business days of the failure of the reason for the child's failure to participate in the approved learning program. (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates participated in an approved learning program as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to participate in an approved learning program as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's participation in an approved learning program; and (b) warning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not participate in an approved learning program as required by subsection (1). Subdivision 2—Family conferences 70—Purpose of family conferences The purpose of a family conference under this Subdivision is to provide an opportunity for a student and their family, in conjunction with the principal of a school or head of an approved learning program (as the case requires) and a family conference coordinator, to make voluntary arrangements to ensure the attendance of the student at the school, or the participation of the student in the approved learning program, in which they are enrolled (as the case requires). 71—Chief Executive may convene family conference (1) If the Chief Executive is of the opinion that— (a) a student— (i) is a child of compulsory school age and is regularly absent from the school in which they are enrolled; or (ii) is a child of compulsory education age and regularly fails to participate in the approved learning program in which they are enrolled; and (b) arrangements should be made to attempt to improve their attendance or participation; and (c) it would be appropriate in all of the circumstances to make those arrangements by means of a family conference, then the Chief Executive may (after consulting with the principal of the school or the head of the approved learning program in which the student is enrolled) convene a family conference under this Subdivision. (2) A family conference is to be conducted by a family conference coordinator (the coordinator) nominated by the Chief Executive. (3) Subject to subsection (4), the following people are entitled to attend a family conference convened in respect of a particular student: (a) the student; (b) each person who is responsible for the student; (c) the principal of the school or the head of the approved learning program in which the student is enrolled (as the case requires) or a nominee of the principal or head; (d) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (e) any other person (not being a legal practitioner) who the student, or a person who is responsible for the student, wishes to support them at the conference and who, in the opinion of the coordinator, would be of assistance in that role; (f) any other person, or person of a class, prescribed by the regulations for the purposes of this subsection, and the coordinator may allow such other persons as the coordinator thinks appropriate to attend a conference. (4) The coordinator of a family conference may exclude a person (including, to avoid doubt, the student to whom the conference relates) from attending a family conference if the coordinator is satisfied that to do so would be in the best interests of the student. 72—Procedures at family conference (1) The coordinator of a family conference must ensure that information relating to the student's level of attendance at the school, or participation in the approved learning program, in which they are enrolled, including any reasons for their non-attendance or non-participation, is presented to the conference. (2) The coordinator of a family conference must allow the persons who are responsible for the student, and the student if the coordinator thinks it appropriate to do so, an opportunity to hold discussions in private for the purpose of formulating recommendations to improve the student's attendance or participation. (3) The following provisions relate to the making of decisions at a family conference: (a) decisions should, if possible, be made by consensus of those present at the conference; (b) a written record must be prepared of the decisions made at the conference; (c) a decision will only be valid for the purposes of this Act if each of the following persons (being persons who are present at the conference) accept the decision in accordance with any requirements set out in the regulations: (i) the student; (ii) each person responsible for the student; (iii) the principal of the school or head of the approved learning program (as the case requires) in which the student is enrolled; (iv) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (d) the decisions must comply with any other requirements set out in the regulations. (4) The coordinator of the family conference must cause a copy of the written record of any valid decisions made at a family conference to be provided to each person present at the conference (and may provide a copy of the written record to any other person the coordinator thinks fit). (5) Subject to this Act, the coordinator of a family conference may determine the procedures of the conference. 73—Chief Executive and principal etc to give effect to decisions of family conference (1) Subject to this Act, the Chief Executive and the principal of the school or head of the approved learning program in which a student is enrolled (as the case requires) should, to the extent that it is consistent with this Act to do so, exercise their powers and perform their functions so as to give effect to valid decisions made at a family conference. (2) Nothing in this section— (a) requires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to do something that is unlawful; or (b) requires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to not do something that is required to be done under this or any other Act or law; or (c) creates legally enforceable rights or obligations on the part of the Chief Executive, the Crown, the student or any other person. Subdivision 3—Limitations on employment of certain children of compulsory school age or compulsory education age 74—Employment of children of compulsory school age or compulsory education age (1) A person must not employ a child of compulsory school age or compulsory education age— (a) during the hours that the child is required to attend school or to participate in an approved learning program (as the case requires); or (b) in any labour or occupation that renders, or is likely to render, the child— (i) unfit to attend school or participate in an approved learning program (as the case requires) as required by this Act; or (ii) unable to obtain the proper benefit from such attendance or participation. (2) Subsection (1) does not apply in relation to— (a) employment that forms a part of an approved learning program; or (b) any other kind of employment prescribed by the regulations for the purposes of this subsection. (3) To avoid doubt, subsection (1) applies to a person who is responsible for a child. (4) In proceedings for an offence against subsection (1), it is a defence for the defendant to prove that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. Subdivision 4—Reporting of persistent non-attendance or non-participation 75—Principal etc to report persistent non-attendance or non-participation (1) The principal of a school or head of an approved learning program must notify the Chief Executive, or cause the Chief Executive to be notified, if a student of the school or approved learning program is persistently failing to attend school, or participate in the approved learning program, (as the case requires) as required under this Act. (2) A notice under subsection (1)— (a) must be given in a manner and form determined by the Chief Executive; and (b) must be given as soon as is reasonably practicable after the principal of the school or head of the approved learning program (as the case requires) becomes aware of the relevant matter; and (c) must contain the information required by the regulations. (2a) However, a principal of a school or head of an approved learning program (as the case requires) will be taken to have notified the Chief Executive under subsection (1) if— (a) the school or approved learning program records information relating to the persistent non‑attendance or non‑participation of students on a record management system (however described); and (b) a report relating to persistent non‑attendance or non‑participation of students at the school or approved learning program containing any information required by the regulations is provided to the Chief Executive at least once in each school term. (2b) To avoid doubt, a report under subsection (2a)(b)— (a) may relate to more than 1 school or approved learning program; and (b) without limiting that paragraph, may consist of an extract of the record management system. (3) A person must not, without reasonable excuse, refuse or fail to comply with subsection (1). (4) For the purposes of this section, a student will be taken to be persistently failing to attend school, or failing to participate in an approved learning program, if the student fails to attend school, or participate in the approved learning program, for 10 or more days in a particular term (disregarding any failure to which section 68(3) or 69(3) applies). Division 3—Suspension, exclusion and expulsion of students 76—Suspension of students (1) Subject to this Act, the principal of a school may suspend a student from attendance at the school for a specified period (not exceeding 5 school days) if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or (e) the student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour; or (f) the student shows persistent and wilful inattention or indifference to school work. (2) In determining whether to suspend a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations. (3) A student cannot (except with the authorisation of the Chief Executive) be suspended from attendance at the school under this section— (a) for more than 15 school days in a calendar year; or (b) on more than 4 separate occasions in a calendar year. 77—Exclusion of students (1) Subject to this Act, the principal of a school may exclude a student from attendance at the school for a specified period if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or (e) the student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour. (2) In determining whether to exclude a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations. (3) The period of an exclusion under this section must be— (a) not less than— (i) if the exclusion is for the remainder of the school term during which the student is excluded—that period; or (ii) in any other case—4 consecutive weeks; and (b) not more than— (i) if the period remaining in the school term in which the exclusion occurs is more than 10 weeks—that period; or (ii) 10 consecutive weeks, whichever is the greater. (4) The principal of a school may, if the principal considers it appropriate to do so, extend the exclusion of a student from attendance at the school under this section for a further period not exceeding the limits fixed by subsection (3). (5) A student cannot (except with the authorisation of the Chief Executive) be excluded from attendance at the school under this section for more than 20 weeks in a calendar year. (6) A principal cannot exclude a student from attendance at a school unless the student has first been suspended from attendance at the school for a period not exceeding 5 consecutive school days under this Act or a repealed Act. (7) The Chief Executive may, by notice in writing, give such directions as the Chief Executive thinks appropriate to a student excluded from attendance at a school under this section in relation to the student undertaking education, work or other relevant activity during the period of the exclusion. (8) A student must not refuse or fail to comply with a direction under subsection (7). Maximum penalty: $1 250. 78—Expulsion of certain students from particular school (1) Subject to this Act, the principal of a school may expel a student who is above the compulsory school age from a school for a specified period if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction. (2) In determining whether to expel a student from a school under this section, a principal must have regard to the matters (if any) specified by the regulations. (3) The period of an expulsion from a school under this section must be— (a) not less than— (i) if the expulsion is for the remainder of the semester or year during which the student is expelled—that period; or (ii) in any other case—6 consecutive months; and (b) not more than 18 consecutive months. (4) A principal cannot expel a student from a school under this section unless the student has first been suspended from attendance at the school for a period not exceeding 20 consecutive school days under this Act or a repealed Act. 79—Expulsion of certain students from all Government schools (1) Subject to this Act, the Chief Executive may, on the recommendation of the principal of the school in which the student is enrolled, expel a student who is above the compulsory school age from all Government schools for a specified period if the Chief Executive believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (c) the student has acted illegally. (2) In determining whether to expel a student from all Government schools under this section, the Chief Executive must have regard to the matters (if any) specified by the regulations. (3) The period of an expulsion under this section must (unless the expulsion is for the remainder of the school year during which the student is expelled) be— (a) not less than 12 consecutive months; and (b) not more than 5 consecutive years. (4) A principal cannot make a recommendation under subsection (1) unless the student has first been suspended from attendance at the school for a period not exceeding 30 consecutive school days. 80—Appeal against decision to exclude or expel student (1) A prescribed person in relation to a student may appeal to the relevant authority against— (a) an exclusion of the student from attendance at school under section 77; or (b) an expulsion of the student from a school under section 78; or (c) an expulsion of the student from all Government schools under section 79. (2) An appeal must be instituted— (a) in the case of an appeal against a decision to exclude a student from attendance at a school—within 5 school days after the student is notified of the decision; or (b) in any other case—within 10 school days after the student is notified of the decision, (or such longer period as may be allowed by the relevant authority). (3) An appeal must be instituted by lodging a notice in a form approved by the Chief Executive— (a) in the case of an appeal to a panel established under subsection (7)—with a person or body specified by the Chief Executive; or (b) in any other case—with the relevant authority. (4) An appeal must be heard within 2 weeks after it is instituted. (5) The person who made the original decision being appealed against, or the relevant authority, may stay the operation of the decision until the appeal is determined, withdrawn or struck out. (6) A stay cannot be granted if its effect would be to create a danger to person or property or to allow a danger to person or property to continue. (7) The Chief Executive must, for the purposes of hearing an appeal under this section, from time to time establish a panel consisting of the following persons nominated by the Chief Executive: (a) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (b) a principal of a school (not being the principal who made the decision to exclude or expel the student to whom the appeal relates); (c) a person with experience in the administration of equal opportunity matters. (8) A decision carried by a majority of the votes of the members of the panel is a decision of the panel (and, subject to this Act and any direction of the Chief Executive, the panel may determine its own procedures). (9) The relevant authority may, on the hearing of an appeal— (a) affirm, vary or quash the decision appealed against or substitute, or make in addition, any decision that the relevant authority thinks appropriate; and (b) make recommendations as to actions to be taken in relation to the student. (10) In this section— prescribed person, in relation to a student, means— (a) the student; or (b) a person responsible for the student; or (c) an adult acting at the request of the student or a person responsible for the student; relevant authority means— (a) in relation to a decision of the principal of a school to exclude a student from attendance at a school under section 77—the panel established under subsection (7); (b) in relation to a decision of the principal of a school to expel a student from the school under section 78—the Chief Executive; (c) in relation to a decision of the Chief Executive to expel a student from all Government schools under section 79—the Minister. 81—Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student The regulations may make provision for or in relation to the operation, administration and enforcement of the suspension, exclusion or expulsion of a student under this Division. Division 4—Religious and cultural activities 82—Religious and cultural activities (1) The principal of a school may set aside time for the conduct of religious or cultural activities (or both) by a person, or a person of a class, prescribed by the regulations for the purposes of this section. (2) The principal of a school must give notice in writing to a person who is responsible for a student enrolled at the school who is a child, of the intended conduct of a specified religious or cultural activity involving the student. (3) The regulations may— (a) make provision for procedures and requirements relating to obtaining the consent of persons who are responsible for students at the school for the student's participation in religious or cultural activities; and (b) make provision in relation to the exemption of students from participation in religious or cultural activities. (4) A student who does not participate in a religious or cultural activity under this section— (a) cannot be made to suffer any detriment for not participating in the activity; and (b) must be offered an alternative activity related to the curriculum determined by the Chief Executive during the period in which the activity is conducted. (5) Religious and cultural activities may be conducted on school premises or elsewhere. (6) Neither religious or cultural activities form part of the curriculum determined by the Chief Executive for the purposes of this Act. (7) Nothing in this section limits the operation of the Child Safety (Prohibited Persons) Act 2016 or any other Act that imposes requirements or limitations on working with children. detriment includes— (a) intimidation or harassment; and (b) discrimination, disadvantage or adverse treatment. Division 5—Discipline 83—Corporal punishment prohibited (1) Corporal punishment (however described) must not be imposed on a student enrolled or attending at a Government or a non‑Government school. (2) The Chief Executive must take all reasonable steps to ensure that principals, officers of the teaching service and all other persons employed in, or in relation to, Government schools comply with subsection (1). (3) For the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life. Division 6—Registration of student exchange programs 84—Interpretation In this Division— Board means the Education and Early Childhood Services Registration and Standards Board of South Australia established under the Education and Early Childhood Services (Registration and Standards) Act 2011; student exchange program means a program in which students undertaking secondary education undertake a part of their studies in a country other than Australia and, in return, students from other countries undertake a part of their studies in this State. 85—Registration of student exchange organisations (1) The Board may, on application, register a person or body as a student exchange organisation. (2) An application for registration under subsection (1) must— (a) be made in the manner and form determined by the Board; and (b) be accompanied by such documents or information as may be required by the Board; and (c) be accompanied by the prescribed fee. (3) In deciding whether to register a person or body under subsection (1), the Board may have regard to the following matters: (a) the suitability of the person or body to operate a student exchange program; (b) the organisational and financial structure of the person or body; (c) any relevant guidelines under this or any other Act; (d) the aims of the proposed student exchange program; (e) any reciprocal arrangements between the State and the other country under the proposed student exchange program; (f) the support offered under the proposed student exchange program to students in the program and the families accommodating those students; (g) the arrangements for health insurance for students in the proposed student exchange program; (h) the processes established by the proposed student exchange program for resolution of problems; (i) any other matter the Board considers relevant. (4) Registration under subsection (1) may be conditional or unconditional. (5) The Board may, by notice in writing, vary, substitute or revoke a condition of registration. (6) Registration under subsection (1) remains in force— (a) for the period specified in the instrument of registration (not exceeding 5 years from the date of registration); or (b) until it is revoked under this Act, whichever is the sooner (and may be renewed in accordance with the regulations). 86—Annual registration fee (1) A registered student exchange organisation must, in respect of each calendar year, pay an annual registration fee determined in accordance with the regulations. (2) A registered student exchange organisation must pay the annual registration fee for each year— (a) in the manner determined by the Board; and (b) on or before the day specified by the Board in relation to that year. 87—Guidelines (1) The Board may publish or adopt guidelines in relation to the registration of student exchange organisations and the operation of student exchange programs. (2) The Board may, from time to time, vary, substitute or revoke guidelines published or adopted under subsection (1). 88—Board may give directions to registered student exchange organisation (1) The Board may, by notice in writing, direct a registered student exchange organisation to take, or to not take, such action as may be specified in the notice if the Board is satisfied that— (a) the registered student exchange organisation has contravened, or is likely to contravene, this Act or guidelines published or adopted under section 87; or (b) the direction is necessary or desirable to protect the interests of students engaged in the student exchange program operated by the registered student exchange organisation. (2) A registered student exchange organisation must comply with a direction given under subsection (1). 89—Suspension and revocation of registration (1) The Board may, by notice in writing, suspend or revoke the registration of a registered student exchange organisation if the Board is satisfied that— (a) the organisation has contravened this Act; or (b) the organisation has not paid the annual registration fee under section 86; or (c) the organisation has contravened guidelines issued under section 87; or (d) the organisation has not complied with a direction under section 88; or (e) it is otherwise in the public interest to suspend or revoke the registration. (2) A suspension of registration has effect for the period specified in the notice. (3) The Board must revoke the registration of a registered student exchange organisation on the request of the organisation. 89A—Delegation (1) The Board may delegate a function or power under this Division (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Board to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.