Sch 1Transitional provisions etc

Schedule 1—Transitional provisions etc Part 13—Transitional and other provisions 18—Continuation of schools established etc under Education Act 1972 (1) A school established or continued under the Education Act 1972 continues in existence and will, for the purposes of this and any other Act, be taken to be a school established under this Act. (2) Nothing in subclause (1) affects the registration of a school under the Education and Early Childhood Services (Registration and Standards) Act 2011. 19—Continuation of school councils (1) Subject to this clause, a school council for a Government school in existence immediately before the commencement of Part 3 of this Schedule continues in existence as the governing council for the school and will, for the purposes of this and any other Act, be taken to be a governing council established under section 34 of this Act. (2) The constitution (as in force immediately before the commencement of this clause) of a governing council continued under this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a constitution adopted under this Act. 20—Continuation of affiliated committees (1) An affiliated committee in respect of a school council in existence immediately before the commencement of Part 3 of this Schedule will continue in existence as an affiliated committee in respect of the governing council for the relevant school and will, for the purposes of this Act, be taken to be an affiliated committee established under section 36 of this Act. (2) The constitution (as in force immediately before the commencement of this clause) of an affiliated committee continued under this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a constitution adopted under this Act. 21—Classification of officers etc under section 15A of Education Act 1972 to continue (1) The fixing of duties and titles of officers and positions in the teaching service by the Director-General under section 15A of the Education Act 1972 will continue according to their terms and will, for the purposes of this Act, be taken to have been so fixed by the Chief Executive under section 104 of this Act. (2) Classifications of officers and positions in the teaching service by the Director-General under section 15A of the Education Act 1972 will continue according to their terms and will, for the purposes of this and any other Act, be taken to have been so classified by the Chief Executive under section 104 of this Act (and any condition imposed by the Director-General on a classification under section 15A(c) of the Education Act 1972 will be taken to continue to apply to the classification as continued according to its terms). 22—Designation of principals Subject to this Act, the designation of a person as the head teacher of a school by the Director-General, or by the governing authority of a non-Government school, (as the case requires) as the head teacher under the Education Act 1972 and in force immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be a designation under the relevant paragraph of the definition of principal in section 3 of this Act. 23—Continuation of appointments of officers of the teaching service (1) Subject to this Act, an appointment of a person as an officer of the teaching service by the employing authority under section 15 of the Education Act 1972 will continue and will, for the purposes of this and any other Act, be taken to be an appointment under section 97 of this Act. (2) Subject to this Act, any service of an officer of the teaching service while appointed as an officer of the teaching service under section 15 of the Education Act 1972 will be taken to be service in the teaching service under this Act. (3) Subject to this Act, an appointment by the employing authority under section 15B of the Education Act 1972 of an officer of the teaching service to a position classified at a promotional level will continue and will, for the purposes of this and any other Act, be taken to be an appointment by the Chief Executive under section 106 of this Act. (4) The terms and conditions applying to an appointment continued under this clause immediately before the commencement of this clause will continue to apply to the appointment as continued and will, for the purposes of this Act, be taken to have been imposed by the Chief Executive under section 97 or 106 of this Act (as the case requires). (5) The operation of a preceding subclause— (a) does not affect an employee's remuneration or other entitlements; and (b) does not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of this clause; and (e) cannot involve a reduction in an employee's status. (6) The operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment. 24—Continuation of other appointments under section 101B of Education Act 1972 (1) The employment of a person who was, immediately before the commencement of this clause, employed under section 101B of the Education Act 1972 will continue and that person will, for the purposes of this and any other Act, be taken to have been employed under section 121 of this Act. (2) The operation of subclause (1)— (a) does not affect the employee's remuneration or other entitlements; and (b) does not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of that subclause; and (e) cannot involve a reduction in the employee's status. (3) Subject to this Act, the employment of a person continued under this clause will be taken to be subject to the same conditions applicable to the person's employment immediately before the commencement of this clause. (4) The operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment. 25—Continuation of staff appointed under section 12 of Children's Services Act 1985 (1) The employment of a person who was, immediately before the commencement of this clause, employed under section 12 of the Children's Services Act 1985 will continue as follows: (a) a person employed under that section as a preschool teacher or preschool director will continue and that person will, for the purposes of this and any other Act, be taken to be an officer of the teaching service appointed under this Act; (b) a person employed as an early childhood worker will continue and that person will, for the purposes of this and any other Act, be taken to have been employed under section 121 of this Act. (2) The operation of subclause (1)— (a) does not affect the employee's remuneration or other entitlements; and (b) does not affect any rights and entitlements (including any entitlement to annual leave, sick leave, long service leave or any other leave) accrued prior to the commencement of that subclause; and (e) cannot involve a reduction in the employee's status. (3) Subject to this Act, the employment of a person continued under this clause will be taken to be subject to the same conditions applicable to the person's employment immediately before the commencement of this clause. (4) The operation of this clause does not give rise to any remedy or entitlement arising from termination or change of employment. 26—Continuation of curriculum A curriculum determined by the Director‑General under section 82 of the Education Act 1972 and in force immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this and any other Act, be taken to be a curriculum determined by the Chief Executive under this Act. 27—Continuation of enrolments (1) The enrolment of a child at a children's services centre under the Children's Services Act 1985 in effect immediately before the commencement of this clause will continue in accordance with its terms in respect of the relevant preschool or children's services centre under this Act. (2) The enrolment of a student at a school under the Education Act 1972 in effect immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be an enrolment under section 60 of this Act. (3) The enrolment of a student in an approved learning program under the Education Act 1972 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this and any other Act, be taken to be an enrolment under section 61 of this Act. 28—Suspensions, exclusions and expulsions of students to continue The suspension, exclusion or expulsion of a student under a provision of Part 4 Division 6 of the Education Regulations 2012 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a suspension, exclusion or expulsion of the student (as the case requires) under the corresponding provision of Part 7 Division 3 of this Act. 29—Prohibition notices (1) A prohibition notice issued under regulation 10 of the Education Regulations 2012 in effect immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be a barring notice issued under section 93 of this Act. (2) A right to make an application for review by the Minister of a prohibition notice under regulation 11 of the Education Regulations 2012 in existence immediately before the commencement of this clause (but not exercised before that commencement), will be exercised as if section 94 of this Act had been in operation before that right arose, so that an application for review may be made instead under that section. (3) Nothing in this clause affects any proceedings under regulation 11 of the Education Regulations 2012 commenced before the commencement of this clause. 30—Exemptions under section 81A of Education Act 1972 to continue (1) An exemption granted by the Minister under section 81A of the Education Act 1972 in force immediately before the commencement of this clause will continue in accordance with its terms and will, for the purposes of this Act, be taken to be an exemption granted by the Minister under section 133 of this Act. (2) Subject to this Act, an exemption continued under this clause will be taken to be subject to the same conditions applicable to the exemption immediately before the commencement of this clause. 31—Continuation of advisory committees The appointment of an advisory committee under section 10 of the Education Act 1972 before the commencement of Part 3 of this Schedule will continue in accordance with its terms and will, for the purposes of this Act, be taken to be an appointment under section 11 of this Act. 33—Authorisation of authorised officers to continue The authorisation of a person (being a person who is an employee of the Department) as an authorised officer under section 80 of the Education Act 1972 in force immediately before the commencement of this clause continues in force and the person will, for the purposes of this and any other Act, be taken to be an officer authorised under section 126(1)(c) of this Act. 34—Recovery etc of outstanding fees and charges (1) A materials and services charge payable under section 106A of the Education Act 1972 that remains unpaid immediately before the commencement of this clause will be taken to be a charge of the relevant kind under section 129 of this Act and may be recovered under that section accordingly. (2) A charge payable under section 106B of the Education Act 1972 that remains unpaid immediately before the commencement of this clause will be taken to be a charge of the relevant kind under section 130 of this Act and may be recovered under that section accordingly. 35—Continuation of arrangements under section 102A For the purposes of this Act, an arrangement (however described) under section 102A of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will be taken to be an arrangement under section 134 of this Act. 36—Continuation of administrative instructions An administrative instruction issued by the Minister under section 96 of the Education Act 1972 and in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be an administrative instruction issued by the Chief Executive under section 9 of this Act. 37—Continuation of delegations under Education Act 1972 (1) A delegation of a function or power of the Minister under section 8 of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be— (a) if the corresponding function or power is, under this Act, a function or power of the Minister—a delegation of the Minister under section 12 of this Act; or (b) if the corresponding function or power is, under this Act, a function or power of the Chief Executive—a delegation of the Chief Executive under section 12 of this Act. (2) A delegation of a function or power of the Director-General under section 13 of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be a delegation of the Chief Executive under section 12 of this Act. (3) A delegation of a function or power of the employing authority under section 101C of the Education Act 1972 in force immediately before the commencement of this clause will continue to have effect according to its terms and will, for the purposes of this and any other Act, be taken to be a delegation of the Chief Executive under section 12 of this Act. (4) Subject to this Act, a delegation continued under this clause will be taken to be subject to the same conditions applicable to the delegation immediately before the commencement of this clause. (5) For the purposes of this clause, a reference to a delegation of a function or power under a specified section includes a reference to a further delegation of that function or power done in accordance with that section. 38—Appointment of Director of Children's Services nominee to Teachers Registration Board continued A person holding office as a member appointed to the Teachers Registration Board pursuant to section 9(1)(h) of the Teachers Registration and Standards Act 2004 (as in force before the commencement of this clause) will, subject to that Act, continue to hold office for the remainder of their term of office. 39—Appointment of Director of Children's Services nominee to Education and Early Childhood Services (Registration and Standards) Board continued A person holding office as a member appointed to the Education and Early Childhood Services (Registration and Standards) Board pursuant to section 22(2)(b) of the Education and Early Childhood Services (Registration and Standards) Act 2011 (as in force before the commencement of this clause) will, subject to that Act, continue to hold office for the remainder of their term of office. 40—Continuation of review panel A panel (as constituted immediately before the commencement of this clause) established by the responsible officer under regulation 50(9) of the Education Regulations 2012 before the commencement of this clause will continue as a panel under section 80(7) of this Act and will, for the purposes of this Act, be taken to be a panel established by the Chief Executive under that subsection. 41—Continuation of registration of student exchange organisations (1) Subject to this Act, the registration of a person or body as a student exchange organisation by the Department (within the meaning of the Education Act 1972) in force immediately before the commencement of this clause will continue and will, for the purposes of this and any other Act, be taken to be registration of the person or body as a student exchange organisation by the Board under section 85 of this Act. (2) The conditions applying to a registration continued under this clause immediately before the commencement of this clause will continue to apply to the registration as continued and will, for the purposes of this Act, be taken to have been imposed under section 85 of this Act. Legislative history Notes • In this version provisions that are uncommenced appear in italics. • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Education and Children's Services Act 2019 repealed the following: Children's Services Act 1985 Education Act 1972 Legislation amended by principal Act The Education and Children's Services Act 2019 amended the following: Children's Protection Act 1993 Education and Early Childhood Services (Registration and Standards) Act 2011 Independent Commissioner Against Corruption Act 2012 National Tax Reform (State Provisions) Act 2000 Public Sector Act 2009 SACE Board of South Australia Act 1983 Summary Offences Act 1953 Superannuation Act 1988 Teachers Registration and Standards Act 2004 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Education and Children's Services Act 2019 8.8.2019 1.7.2020 (Gazette 11.6.2020 p3305) (Sch 1 cl 4 is of no effect because of the repeal of the Children’s Protection Act 1993) Training and Skills Development (Miscellaneous) Amendment Act 2020 19.11.2020 Sch 1 (cl 2)—1.7.2021 (Gazette 24.6.2021 p2260) Education and Children's Services (Miscellaneous) Amendment Act 2021 25.2.2021 1.4.2021 (Gazette 1.4.2021 p1086) Statutes Amendment (Education, Training and Skills Portfolio) Act 2023 13.7.2023 Pt 2 (ss 3 & 4)—1.9.2023 (Gazette 31.8.2023 p3131) Education and Children’s Services (Barring Notices and Other Protections) Amendment Act 2025 22.5.2025 17.11.2025 (Gazette 13.11.2025 p4446) Education and Children's Services (Inclusive Education) Amendment Act 2025 27.11.2025 12.2.2026 except ss 8 & 10 (other than insertion of s 81B)—1.1.2027 and except insertion of s 63B by s 7, s 9, insertion of s 81B by s 10 & Sch 1—1.9.2027 (Gazette 12.2.2026 p242) TAFE SA Act 2025 27.11.2025 Sch 1 (cll 2 & 3)—1.3.2026 (Gazette 12.2.2026 p244) Education and Children's Services (Enrolment and Attendance) Amendment Act 2025 4.12.2025 16.2.2026 (Gazette 12.2.2026 p242) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1