Part 3Administration

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.