Sch 2Powers of entry by search warrant

Schedule 2—Powers of entry by search warrant 1—Application for warrant (1) An authorised officer may apply to a magistrate of a participating jurisdiction for a search warrant in relation to premises if the officer believes on reasonable grounds that— (a) a person is or has been operating an education and care service at the premises in contravention of this Law; or (b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises. (2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. 2—Issue of warrant (1) The magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that— (a) a person is operating an education and care service at the premises in contravention of this Law; or (b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises. (2) The warrant must state— (a) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the premises and any other premises necessary for entry; and (ii) exercise the authorised officer's powers under this Schedule; and (b) the matter for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the premises may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 3—Application by electronic communication (1) An authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including the authorised officer's remote location. (2) The application— (a) may not be made before the authorised officer prepares the written application under clause 1(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied— (a) it was necessary to make the application under subclause (1); and (b) the way the application was made under subclause (1) was appropriate. (4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or (b) otherwise— (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. (6) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with clause 1(2) and (3); and (b) if the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court. (8) Despite subclause (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and (b) the original warrant is not produced in evidence, the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This clause does not limit clause 1. 4—Procedure before entry under warrant (1) Before entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following: (a) identify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card; (b) give the person a copy of the warrant; (c) tell the person the authorised officer is permitted by the warrant to enter the premises; (d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force. (2) However, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated. 5—Powers after entering premises (1) This clause applies if an authorised officer enters premises under clause 4. (2) The authorised officer may for the purposes of the investigation do the following: (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule; (f) require the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e); (g) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. Schedule 2—Modifications to Education and Care Services National Law (South Australia) for purposes of Part 3 1—Interpretation In this Schedule— national regulations has the same meaning as in the Education and Care Services National Law (South Australia); residual early childhood service has the same meaning as in section 16. 2—Exclusion of certain provisions (1) The following provisions of the Education and Care Services National Law (South Australia) do not apply to, or in relation to, a residual early childhood service: (a) section 42; (b) Part 3 Divisions 5 to 8 (inclusive); (d) Part 5; (e) sections 168 and 169; (f) section 198; (g) Part 10; (h) Part 11; (i) section 266; (j) Part 14 Divisions 1, 2 and 8; (k) Part 15 (other than sections 314 and 322). (2) A provision of the Education and Care Services National Law (South Australia), to the extent that it applies to an associated children's service (within the meaning of that Law), does not apply to, or in relation to, a residual early childhood service. (3) A provision of the Education and Care Services National Law (South Australia), to the extent that it relates to rating an education and care service (including a provisional rating), does not apply to, or in relation to, a residual early childhood service. (4) A provision of the Education and Care Services National Law (South Australia), to the extent that it imposes a fee (however described), does not apply to, or in relation to, a residual early childhood service. 3—Certain provisions to apply as modified (1) The following provisions of the Education and Care Services National Law (South Australia) apply to, or in relation to, a residual early childhood service as modified by this clause: (a) Section 5(1), definition of national education and care services quality framework, (d)—delete paragraph (d) (b) Section 19(1)—delete "that are prescribed in the national regulations or" (c) Section 47(1)(a) and (g)—delete paragraphs (a) and (g) (d) Section 51(5)—delete "in the national regulations" and substitute: by the regulations (g) Section 172(1)(e) and (f)—delete paragraphs (e) and (f) (h) Section 175(1)—delete "the prescribed documents" and substitute: the documents specified by the regulations (i) Section 260(e)—delete paragraph (e) (j) Section 261(2)(d) and (f)—delete paragraphs (d) and (f) (l) Section 270(1)—delete "National Authority and the" (m) Section 270(2)—delete "National Authority" and substitute: Regulatory Authority (n) Section 270(2)(b)—delete paragraph (b) (o) Section 270(4)—delete subsection (4) (p) Section 273(2)(f)—delete paragraph (f) (q) Section 314(1)—delete "section 306" and substitute: clause 29 of Schedule 3 of the Education and Early Childhood Services (Registration and Standards) Act 2011 (r) Section 314(2)—delete "section 307(1)" and substitute: clause 30 of Schedule 3 of the Education and Early Childhood Services (Registration and Standards) Act 2011 (2) A reference in the Education and Care Services National Law (South Australia) to the National Quality Standard will, to the extent that it applies to, or in relation to, a residual early childhood service, be taken to be a reference to the standard prescribed by the regulations for the purposes of this subclause. (3) A reference in the Education and Care Services National Law (South Australia) to a prescribed element or elements of the National Quality Standard will be taken to be a reference to the corresponding provision (if any) of the standard applying to, or in relation to, residual early childhood services pursuant to subclause (2). (4) A reference in the Education and Care Services National Law (South Australia) to a service waiver or temporary waiver will be taken to be a reference to an exemption under section 17 of this Act. 4—National regulations not to apply (1) The national regulations do not apply to, or in relation to, a residual early childhood service. (2) A reference in the Education and Care Services National Law (South Australia) to the national regulations will be taken to be a reference to regulations made by the Governor under this Act. Schedule 3—Transitional provisions Part 14—Transitional provisions Division 1—Transitional provisions related to Part 3 of Act (residual early childhood services) 28—Interpretation residual early childhood service has the same meaning as in section 16 of this Act. 29—Certain persons etc taken to be approved providers The following persons or bodies will be taken to be approved providers for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services: (a) the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985; (b) a person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985; (c) a person or body who, immediately before the scheme commencement day, held a licence to carry on the business of a baby sitting agency under the Children's Services Act 1985; (d) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia; (e) a person or body who, immediately before the scheme commencement day, operated a pre‑school education service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972; (f) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972; (g) any other person or body declared by the regulations to be included in the ambit of this clause. 30—Certain residual early childhood services taken to hold service approval (1) The following residual early childhood services will be taken to hold a service approval for that service for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services: (a) a rural and mobile care service (however described) provided immediately before the scheme commencement day— (i) by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985; or (ii) that was wholly or partly funded by the Commonwealth Government through its Budget Based Funding program; (b) an occasional care service (however described) provided immediately before the scheme commencement day by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985; (c) an occasional care service (however described) provided immediately before the scheme commencement day pursuant to a licence under the Children's Services Act 1985; (d) an in‑home care service (however described) provided immediately before the scheme commencement day by, or on behalf of, a baby‑sitting agency licensed under Part 3 Division 2 of the Children's Services Act 1985; (e) any other service declared by the regulations to be included in the ambit of this clause. (2) In this section, in‑home care service, occasional care service and rural and mobile care service have the same meanings as in section 4 of this Act. 31—Certain persons taken to be certified supervisors (1) The following persons will be taken to be certified supervisors for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services: (a) a natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998, a manager of a child care centre; (b) a person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998) in relation to a child care centre; (c) an approved provider under the Education and Care Services National Law (South Australia) or under a corresponding law; (d) a person who holds a supervisor certificate under the Education and Care Services National Law (South Australia) or under a corresponding law; (e) a teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by clause 30; (f) any other person, or class of person, declared by the regulations to be included within the ambit of this subsection. (2) In this clause— corresponding law means a law of another State or Territory that applies in that jurisdiction the Education and Care Services National Law, as in force from time to time, set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria. 32—Certain persons taken to be nominated supervisors A person authorised in writing by the Minister for the purposes of this clause will be taken to be a nominated supervisor for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services. Division 2—Transitional provisions related to Part 5 of Act (registration of schools) 33—Government schools taken to be registered under Part 5 Division 2 of Act (1) Subject to this Act, each Government school at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act. (2) Subject to this Act, the registration of each Government school will be taken to be endorsed under section 49 of this Act if that school was, immediately before the commencement of this clause, authorised by the Department (within the meaning of the Education Act 1972) to enrol full fee paying overseas students. (3) Subject to this Act, the endorsement of registration of a Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the authorisation to enrol full fee paying overseas students immediately before the commencement of this clause. 34—Certain non‑Government schools taken to be registered under Part 5 Division 2 of Act (1) Subject to this Act, each non‑Government school that was registered under Part 5 of the Education Act 1972 (as in force immediately before the commencement of this clause) and at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act. (2) If the registration of a non‑Government school was, immediately before the commencement of this clause, endorsed with an approval to enrol full fee paying overseas students under the Education Act 1972, then the registration of the school pursuant to this clause will, subject to this Act, be taken to be endorsed under section 49. (3) Subject to this Act, the registration, or endorsement of registration, of a non‑Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the registration, or endorsement of registration, of the school under the Education Act 1972 immediately before the commencement of this clause. 35—Exemptions An exemption under section 81A of the Education Act 1972 in force immediately before the commencement of this clause and relating to a provision of that Act repealed by Part 6 of this Schedule— (a) will be taken to be an exemption under section 74 of this Act; and (b) will continue in force according to its terms. Legislative history Notes • 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 amended by principal Act The Education and Early Childhood Services (Registration and Standards) Act 2011 amended the following: Child Sex Offenders Registration Act 2006 Children's Protection Act 1993 Children's Services Act 1985 Criminal Law Consolidation Act 1935 Education Act 1972 Intervention Orders (Prevention of Abuse) Act 2009 Local Government Act 1999 SACE Board of South Australia Act 1983 Sewerage Act 1929 Summary Offences Act 1953 Teachers Registration and Standards Act 2004 Technical and Further Education Act 1975 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Education and Early Childhood Services (Registration and Standards) Act 2011 8.12.2011 1.1.2012 (Gazette 15.12.2011 p4986) Statutes Amendment (Budget 2016) Act 2016 Pt 4 (s 61)—8.12.2016: s 2(1) (271) Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2017 (Gazette 12.9.2017 p4006) — 1.10.2017: r 2 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 13 (ss 67 to 73)—1.7.2019 (Gazette 17.1.2019 p93) Education and Children's Services Act 2019 8.8.2019 Sch 1 (cll 5 to 9 & 39)—1.7.2020 (Gazette 11.6.2020 p3305) (72) Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2022 (Gazette 25.8.2022 p2634) — 30.3.2022: r 2 (60) Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2023 (Gazette 29.6.2023 p2048) — 1.7.2023 except Pt 2 Div 2—1.10.2023: r 2 Statutes Amendment (Education, Training and Skills Portfolio) Act 2023 13.7.2023 Pt 3 (s 5)—1.9.2023 (Gazette 31.8.2023 p3131) (53) Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2024 (Gazette 20.6.2024 p1823) — 22.11.2023: r 2 Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cl 17)—uncommenced (130) Education and Early Childhood Services (Registration and Standards) (Amendment of Schedule 2 of Act) Regulations 2025 (Gazette 27.11.2025 p4650) — 1.12.2025: r 2 (150) Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2025 (Gazette 18.12.2025 p4982) — 10.12.2025: r 2(1) except r 7—18.12.2025 and except Pt 2 Div 2—2.1.2026 and except Pt 2 Div 3—27.2.2026 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1