Part 14Miscellaneous

Part 14—Miscellaneous 133—Exemptions (1) The Minister may, by notice in writing, exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of this Act. (2) An exemption may be conditional or unconditional. (3) The Minister may, by notice in writing, vary or revoke an exemption for any reason the Minister thinks fit. (4) A person must not contravene or fail to comply with a condition of an exemption. 134—Use of certain school premises etc for both school and community purposes The Minister may, if of the opinion that it is expedient to do so— (a) permit the land, buildings or facilities of a Government school or Government preschool, or a children's services centre, to be used for community purposes on conditions determined by the Minister; (b) provide assistance to community bodies (whether by the making of grants or loans or otherwise) on conditions that secure for Government schools a right to make use of the land, buildings or facilities of the community bodies. 135—Proceedings for offences (1) Proceedings for an offence against this Act may only be commenced— (a) by the Chief Executive, or by a person authorised by the Chief Executive; and (b) with the written consent of the Minister. (2) In any proceedings for an offence against this Act, a document apparently signed by the Minister and certifying that the Minister consented to the proceedings must be accepted as proof of that consent in the absence of evidence to the contrary. 136—Commencement of prosecution for offence against Act (1) Proceedings for an offence against this Act must be commenced within 2 years of the date on which the offence is alleged to have been committed. (2) Section 52(1)(a) of the Criminal Procedure Act 1921 does not apply to proceedings for an offence against this Act. 137—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) as required or authorised by an order of a court or tribunal; or (c) 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 (d) in connection with the administration or enforcement of this or any other Act; or (e) for the purposes of referring the matter to a law enforcement agency; or (f) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or (g) if the disclosure is reasonably necessary for the protection of the lawful interests of that person; or (h) if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person or persons. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) 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, (4) The regulations may make further provision in respect of the disclosure of information for the purposes of this Act. 138—Protections, privileges and immunities (2) No civil liability attaches to— (a) a member or former member of a governing council; or (b) a member or former member of a committee established by a governing council; or (c) a member or former member of an affiliated committee, for an act or omission done in good faith in the exercise or discharge, or purported exercise or discharge, of a power or function of the council or committee (as the case requires). (3) A liability that would, but for subsection (2), lie against a person, lies instead against the Crown. (4) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (5) A person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 139—Evidentiary provisions (1) In any proceedings under this Act, a document apparently signed by the principal of a school or head of an approved learning program and certifying that a specified child did, or did not, attend the school or participate in the approved learning program on the days, or during the period, specified in the document must be accepted as proof of the matter so certified in the absence of evidence to the contrary. (2) In any proceedings under this Act, a document apparently signed by the Chief Executive and certifying that— (a) a specified person is a person who is responsible for a child named in the document; or (b) a specified child is of, above or below a specified age; or (c) at a specified time, a specified child was, or was not, enrolled in a specified school or approved learning program; or (d) a specified person is, or was at a specified time, the principal of a specified school; or (e) a specified person is, or was at a specified time, the head of a specified approved learning program; or (f) a specified person is, or was at a specified time, the director of a stand‑alone preschool or children's services centre; or (g) a specified person is, or was at a specified time, an officer of the teaching service; or (h) instruction was provided at a specified time for a specified child at a specified school; or (i) a specified person is, or was at a specified time, an authorised officer; or (j) a specified person is, or was at a specified time, a prescribed person in respect of specified premises; or (k) a specified person is, or was at a specified time, an authorised person in respect of specified premises, must be accepted as proof of the matter so certified in the absence of evidence to the contrary. (3) In any proceedings under this Act, a document apparently signed by the Registrar and certifying that— (a) a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or (b) a prohibition notice had, or had not, been issued to a specified person; or (c) a specified person had, or had not, been issued with a specified unique identifier, must be accepted as proof of the matter so certified in the absence of evidence to the contrary. (4) In any legal proceedings, a document apparently signed by the Chief Executive and certifying that a specified amount of an amount payable under this Act by a specified person is outstanding at a specified date must be accepted as proof of the matter so certified in the absence of evidence to the contrary. prohibition notice, Registrar and unique identifier have the same meanings as in the Child Safety (Prohibited Persons) Act 2016. 140—Service Except where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may— (a) be given to the person personally; or (b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) be posted to the person at the person's last known place of residence or business; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or (e) if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act. 141—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for the following: (a) the exemption of a person or body, or a class of persons or bodies, from the operation of a specified provision or provisions of this Act; (b) the maintenance and control of Government schools, Government preschools or children's services centres and the management of all land, buildings and equipment used in connection with such schools, preschools or centres; (c) the provision of residences for teachers and boarding accommodation to be used in connection with Government schools, Government preschools or children's services centres; (d) the provision of religious and cultural activities in Government schools, Government preschools or children's services centres; (e) the employment (including terms and conditions of employment) of officers of the teaching service and other persons employed under this Act; (ea) provisions relating to interruptions of service of officers of the teaching service (including provisions reducing or increasing a period of interruption referred to in section 110 or 110A within which an officer's service will be taken to be continuous on reappointment); (f) the exchange of principals, and other officers of the teaching service, between jurisdictions and the conferral of temporary rights on principals and teachers from other jurisdictions to teach in this State; (g) the conferral of a right on an officer of the teaching service to apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of administrative acts, or decisions or determinations, affecting the officer of a kind or class prescribed by the regulations; (h) the courses of instruction to be provided in Government schools, Government preschools or children's services centres; (ha) the education, care, development, recreation, health or welfare of students outside of school hours; (i) the provision of stationery, books and other materials or services to, or for the benefit of, students at Government schools, and children at Government preschools and children's services centres; (j) the provision of grants to schools, preschools or children's services centres and the conditions applicable to those grants; (k) the enrolment of students; (l) the establishment of scholarships and the provision of allowances to students; (m) the hours during which instruction is to be provided at Government schools (including school vacations); (n) the method to be adopted in teaching in Government schools, Government preschools or children's services centres; (o) the forms of discipline to be observed and enforced in Government schools, Government preschools or children's services centres (including limiting or prohibiting specified forms of discipline); (p) the transport of students and children to and from Government schools, Government preschools and children's services centres and the payment of the costs of transport; (q) the use by the public of the buildings, land and equipment of Government schools, Government preschools or children's services centres; (r) the prohibition of access to the grounds of Government schools, Government preschools or children's services centres; (s) the regulation of the use of vehicles on the grounds of Government schools, Government preschools or children's services centres; (t) the operation of governing councils or affiliated committees; (u) the collection, recording and collation of information relating to the operation of this Act; (v) the provision of information to the Minister or Chief Executive relating to the operation of this Act; (w) fees and charges in respect of any matter under this Act and their payment, remission, recovery or waiver; (x) fines, not exceeding $5 000, for offences against the regulations; (y) expiation fees, not exceeding $750, for offences against this Act or the regulations (other than an offence against Subdivision 1 or Subdivision 3 of Part 7 Division 2 of this Act); (z) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent upon the enactment of this Act; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Executive or any other specified person or body; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body. (4) A provision of a regulation made under subsection (3)(c) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (5) To the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (6) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.