Part 7Disciplinary proceedings

Part 7—Disciplinary proceedings Division 1—Preliminary 58—Application of Part This Part does not apply to a teacher in respect of a matter that would constitute a proper cause for disciplinary action against the teacher under the Teachers Registration and Standards Act 2004. 59—Interpretation (a) a reference to a registered school includes a reference to a school that is not but that was, at the relevant time, a registered school; (b) a reference to a person who is a member of a governing authority of a school includes a reference to a person who is not but who was, at the relevant time, a member of the governing authority for a school; (c) a reference to a person who occupies a position of authority in an incorporated or trustee services provider includes a reference to a person who is not but who was, at the relevant time, a person who occupied a position of authority in an incorporated or trustee services provider; (d) a reference to a responsible authority for a school includes a reference to a person who is not but who was, at the relevant time, a responsible authority for a school. 60—Cause for disciplinary action (1) There is proper cause for disciplinary action against a registered school if— (a) the school's registration was improperly obtained; or (b) an endorsement on the school's registration was improperly obtained; or (c) the school has contravened a condition of its registration; or (d) the school has contravened a condition of an endorsement on its registration; or (e) the school has contravened or failed to comply with a provision of this Act; or (f) the school has contravened or failed to comply with a code of conduct applying to the school under this Act; or (g) the school has not provided adequate protection for the safety, health and welfare of students to whom it provides education services; or (h) a member of the governing authority of the school is not a fit and proper person to be a member of such a governing authority; or (i) the school, or a member of the governing authority of the school, has engaged in misconduct. (2) There is proper cause for disciplinary action against a person who is a member of the governing authority of a registered school if— (b) the person has, in connection with the provision of education services by the registered school, engaged in misconduct; or (c) the person is not a fit and proper person to be a member of the governing authority of a registered school. (3) There is proper cause for disciplinary action against a person who occupies a position of authority in an incorporated or trustee services provider if— (b) the person has, in connection with the provision of education services by the provider, engaged in misconduct; or (c) the person is not a fit and proper person to occupy a position of authority in an incorporated or trustee services provider. (4) There is proper cause for disciplinary action against a responsible authority for a registered school if— (b) the person has, in connection with the provision of education services by the registered school, engaged in misconduct; or (c) the person is not a fit and proper person to be the responsible authority for a registered school. Division 2—Constitution of Board for purpose of proceedings 61—Constitution of Board for purpose of proceedings (1) The Governor may appoint a person as a special member of the Board under this Part (and a person so appointed may (but need not) act as a member of the Board for the purpose of any proceedings under this Part). (2) The Board will, for the purpose of hearing and determining proceedings under this Part, be constituted of not less than 3 members selected by the presiding member (or, in the absence of the presiding member, the deputy presiding member). (3) At least 1 of the members of the Board, as constituted for the purposes of particular proceedings under this Part, must be a legal practitioner. (4) At least 1 of the members of the Board, as constituted for the purposes of proceedings under this Part relating to a particular registered school or person, must be— (a) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Government school or the Government sector—a member of the Board appointed in accordance with section 22(2)(b); or (b) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a member of the Association of Independent Schools of South Australia or such part of the school education sector as may be relevant to that association—a member of the Board appointed in accordance with section 22(2)(c); or (c) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Catholic school or the Catholic sector—a member of the Board appointed in accordance with section 22(2)(d). (5) Proceedings of the Board as constituted for the purposes of particular proceedings under this Part will be presided over by— (a) if a member of the Board as constituted under this section is appointed by the presiding member or deputy presiding member (as the case requires) to preside over the proceedings—that member; or (b) in any other case—a member of the Board as constituted under this section who is a legal practitioner. (6) If a member of the Board as constituted for the purposes of particular proceedings under this Part (other than the member presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings, the Board constituted of the remaining members may, if the member presiding over the proceedings so determines, continue and complete the proceedings. (7) Any questions of law or procedure arising before the Board will be determined by the member presiding over the proceedings and any other questions by majority decision of the members. (8) The Board constituted of the member presiding over the proceedings may, sitting alone— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders, and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate. (9) A member of the Board who is dealing with a question of law may refer the question for the opinion of the Supreme Court. Division 3—Proceedings before Board 62—Inquiries by Board as to matters constituting grounds for disciplinary action (1) A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a registered school or person may be laid before the Board (in a manner and form approved by the Board) by— (a) the relevant Registrar; or (b) the Minister. (2) If a complaint is laid under this section, the Board must, subject to this section, inquire into the subject matter of the complaint. (3) If the complaint arises out of a review conducted under Part 5 Division 4, the Board may determine that the review constitutes an inquiry under this section. (4) If, after conducting an inquiry under this section, the Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Board may, by order, do 1 or more of the following: (a) if the respondent is a registered school— (i) impose conditions on the respondent's registration restricting the respondent's right to provide education services; or (ii) cancel any endorsement on the respondent's registration; or (iii) suspend the respondent's registration for a period not exceeding 1 year; or (iv) cancel the respondent's registration; or (v) disqualify the respondent from being registered under this Act; (b) if the respondent is the responsible authority for a school appointed by notice under section 8—revoke the respondent's appointment as the responsible authority for the school; (c) in any case— (i) censure the respondent; or (ii) prohibit the respondent from carrying on the business of providing education services; or (iii) prohibit the respondent from being a member of a governing authority of a school; or (iv) prohibit the respondent from occupying a position of authority in a corporate or trustee services provider; or (v) prohibit the respondent from being a responsible authority for a school. (5) The Board may— (a) stipulate that a disqualification or prohibition under subsection (4) is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of specified conditions; or (iv) until further order; or (b) stipulate that an order relating to a registered school or person is to have effect at a specified future time and impose conditions as to the conduct of the school or person, or the person's business, until that time. 63—Contravention etc of condition (1) If a registered school contravenes or fails to comply with a condition imposed by the Board under section 62— (a) if the registered school is an incorporated or trustee services provider—the registered school; or (2) A person who contravenes or fails to comply with a condition imposed by the Board under section 62 is guilty of an offence. 64—Contravention of prohibition order (1) A person who carries on the business of providing education services in contravention of an order of the Board under this Part is guilty of an offence. (2) A person who continues as or becomes a member of a governing authority of a school in contravention of an order of the Board under this Part is guilty of an offence. (3) A person who occupies a position of authority in a corporate or trustee services provider in contravention of an order of the Board under this Part is guilty of an offence. (4) A person who continues as or becomes the responsible authority for a school in contravention of an order of the Board under this Part is guilty of an offence. 65—Register of prohibition orders (1) The Board must keep a register of persons who have been prohibited by order of the Board under this Part from carrying on the business of providing education services, being a member of a governing authority of a school, occupying a position of authority in a corporate or trustee services provider or being the responsible authority for a school (as the case requires). (2) The register— (a) must not include any person who is dead; (b) must include, in relation to each person on the register— (i) the person's full name and business address; and (ii) particulars of the order; and (iii) any other information required by the regulations. (3) The Registrars are responsible to the Board for the form and maintenance of the register. (4) The Registrars must correct an entry in the register that is not, or has ceased to be, correct. (5) The register must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the register may be made available to the public by electronic means. (6) A person may, on payment of the prescribed fee, obtain a copy of any part of the register. 66—Variation or revocation of conditions imposed by Board (1) The Board may, by notice in writing, on application by a registered school, vary or revoke a condition imposed by the Board under section 62 in relation to the school's registration. (2) The relevant Registrar and the Minister are entitled to appear and be heard on an application under this section. 67—Further provisions as to proceedings before Board under this Part (1) Subject to this Act, the Board must give to all of the parties to proceedings before the Board under this Part at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross‑examine witnesses, and to make submissions to the Board. (2) However, the Board may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1). (3) The requirement to give written notice under subsection (1) does not extend to adjournments. (4) If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the matter in the absence of that party. (5) A person who is aggrieved by the conduct of a person that is the subject matter of proceedings before the Board under this Part is, subject to any direction of the Board to the contrary, entitled to be present at the hearing of the proceedings. Other provisions relating to the procedures of the Board are set out in Part 4 Division 2 Subdivision 4.