Education and Children's Services Act 2019 (SA)

South Australia Education and Children's Services Act 2019 An Act to provide for preschool, primary and secondary education in this State, to provide for children's services, to constitute the teaching service in this State and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act to non‑Government schools 5 Interaction with other Acts 6 Minister may acquire land Part 2—Objects and principles 7 Objects and principles Part 3—Administration 8 Functions of Chief Executive 9 Administrative instructions 10 Model constitutions 11 Advisory committees 12 Delegation 13 Chief Executive may require information 14 Sharing of information between certain persons and bodies 15 Report Part 4—Preschools and children's services centres Division 1—School‑based preschools 16 Minister may establish school‑based preschools 17 Governing councils of school‑based preschools Division 2—Stand‑alone preschools and children's services centres 18 Minister may establish stand‑alone preschools and children's services centres 19 Governing councils of stand‑alone preschools and children's services centres 20 Composition of governing councils of stand‑alone preschools and children's services centres 21 Approval of constitutions by Minister 22 Amendment of constitutions 23 Functions and powers of governing councils 24 Limitations on powers of governing councils Division 3—Continuation of children's services centres registered under Children's Services Act 1985 25 Application of Division 26 Continuation of registered children's services centres 26A Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act Division 4—Removal of members of governing councils etc 27 Minister may remove member of governing council 28 Minister may prohibit or limit performance of functions etc by governing council Division 5—Closure of stand‑alone preschools and children's services centres 29 Closure of stand‑alone preschools and children's services centres Division 6—Miscellaneous 30 Conflict of interest 31 Accounts may be audited 32 Corporal punishment prohibited Part 5—Government schools Division 1—Establishment of schools 33 Minister may establish schools Division 2—Governing councils and affiliated committees Subdivision 1—Governing councils and affiliated committees 34 Governing councils of schools 35 Composition of governing councils of schools 36 Affiliated committees 37 Conflict of interest 38 Accounts may be audited Subdivision 2—Approval and amendment of constitutions 39 Approval of constitutions by Minister 40 Amendment of constitutions Subdivision 3—Functions and powers of governing councils and affiliated committees 41 Functions and powers of governing councils and affiliated committees 42 Limitations on powers of governing councils and affiliated committees Subdivision 4—Arrangements on closure or amalgamation of schools 43 Minister may make arrangements for governing councils etc on closure or amalgamation of school Subdivision 5—Removal of members of governing councils and affiliated committees etc 44 Minister may remove member of governing council or affiliated committee 45 Minister may prohibit or limit performance of functions etc by governing council or affiliated committee Subdivision 6—Governing Councils Legal Fund 46 Interpretation 47 Governing Councils Legal Fund 48 Payments from Fund 49 Accounts 50 Audit of Fund Division 3—Amalgamation and closure of schools 51 Amalgamation of schools 52 Closure of schools 53 Review of schools in a particular area 54 Review committees 55 Minister to report to Parliament if recommendations of review committee not followed Part 6—Special purpose schools 56 Minister may establish special purpose schools 56A Minister may declare existing school to be special purpose school 57 Governing council and constitution 58 Closure of special purpose schools 59 Modification of operation of Act in relation to special purpose schools Part 7—Provision of education in schools Division 1—Enrolment Subdivision 1—Compulsory enrolment in school or approved learning program 60 Children of compulsory school age must be enrolled in school 61 Children of compulsory education age must be enrolled in approved learning program 62 Chief Executive may direct that child be enrolled in particular school 63 Chief Executive may direct that child be enrolled in another school if improperly enrolled Subdivision 2—Enrolment of adult students 64 Special provisions relating to enrolment of adult students Subdivision 3—Information gathering 65 Certain information to be provided on enrolment 66 Chief Executive may require further information relating to child 67 Principal may require other principal to provide report in respect of specified child Division 2—Attendance at school and participation in approved learning programs Subdivision 1—Compulsory attendance at school and participation in approved learning program 68 Child of compulsory school age must attend school 69 Child of compulsory education age must participate in approved learning program Subdivision 2—Family conferences 70 Purpose of family conferences 71 Chief Executive may convene family conference 72 Procedures at family conference 73 Chief Executive and principal etc to give effect to decisions of family conference Subdivision 3—Limitations on employment of certain children of compulsory school age or compulsory education age 74 Employment of children of compulsory school age or compulsory education age Subdivision 4—Reporting of persistent non-attendance or non-participation 75 Principal etc to report persistent non-attendance or non-participation Division 3—Suspension, exclusion and expulsion of students 76 Suspension of students 77 Exclusion of students 78 Expulsion of certain students from particular school 79 Expulsion of certain students from all Government schools 80 Appeal against decision to exclude or expel student 81 Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student Division 4—Religious and cultural activities 82 Religious and cultural activities Division 5—Discipline 83 Corporal punishment prohibited Division 6—Registration of student exchange programs 84 Interpretation 85 Registration of student exchange organisations 86 Annual registration fee 87 Guidelines 88 Board may give directions to registered student exchange organisation 89 Suspension and revocation of registration 89A Delegation Part 8—Protections for teachers, staff and students etc at schools, preschools and children's services centres Division 1—Preliminary 90 Application of Part Division 2—Offences 91 Offensive or threatening behaviour 92 Trespassing on premises Division 3—Barring orders 93 Power to bar person from premises 94 Review of barring notice by Minister Division 4—Power to restrain etc persons acting unlawfully on premises to which Part applies 95 Certain persons may restrain, remove from or refuse entry to premises Part 9—The teaching service Division 1—Preliminary 96 Interpretation Division 2—Appointment to the teaching service 97 Appointment to the teaching service 98 Merit‑based selection processes 99 Rate of remuneration for part‑time employees 100 Special remuneration for attraction and retention of officers of the teaching service 101 Probation Division 3—Duties, classification, promotion and transfer 102 Assignment of duties and transfer to non-teaching position within Department 103 Transfer within teaching service 104 Classification of officers and positions 105 Application to Chief Executive for reclassification 106 Appointment to promotional level positions Division 4—Long service leave 107 Long service leave and retention entitlement 108 Taking leave 109 Payment in lieu of long service leave 110 Interruption of service where officer leaves teaching service 110A Special provisions relating to interruption of service of certain term employees 111 Special provisions relating to certain temporary officers of the teaching service 112 Entitlement where officer transferred to other public sector employment 113 Entitlement of persons transferred to the teaching service Division 5—Disciplinary action and management of unsatisfactory performance 114 Disciplinary action 115 Managing unsatisfactory performance 116 Reduction in remuneration level 117 Suspension Division 6—Physical or mental incapacity of officers of the teaching service 118 Physical or mental incapacity of officers of the teaching service Division 7—Resignation and termination 119 Resignation 120 Termination Part 10—Other employment and staffing arrangements 121 Chief Executive may employ other persons for purposes of Act 122 Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part 123 Use of staff etc of administrative units of the Public Service Part 11—Appeals Division 1—Review by South Australian Employment Tribunal 124 Review by SAET of certain decisions and determinations Division 2—Appeals to Administrative and Disciplinary Division of the District Court 125 Appeal against certain actions of Minister or Chief Executive Part 12—Authorised officers 126 Authorised officers 127 Powers of authorised officers 128 Offence to hinder etc authorised officers Part 13—Financial provisions Division 1—Materials and services charges for schools 129 Materials and services charges for schools Division 2—Other fees and charges 130 Charges for certain overseas and non-resident students etc 131 Certain other charges etc unaffected Division 3—Recovery of amounts payable to the Commonwealth 132 Recovery of amounts payable to the Commonwealth Part 14—Miscellaneous 133 Exemptions 134 Use of certain school premises etc for both school and community purposes 135 Proceedings for offences 136 Commencement of prosecution for offence against Act 137 Confidentiality 138 Protections, privileges and immunities 139 Evidentiary provisions 140 Service 141 Regulations Schedule 1—Transitional provisions etc Part 13—Transitional and other provisions 18 Continuation of schools established etc under Education Act 1972 19 Continuation of school councils 20 Continuation of affiliated committees 21 Classification of officers etc under section 15A of Education Act 1972 to continue 22 Designation of principals 23 Continuation of appointments of officers of the teaching service 24 Continuation of other appointments under section 101B of Education Act 1972 25 Continuation of staff appointed under section 12 of Children's Services Act 1985 26 Continuation of curriculum 27 Continuation of enrolments 28 Suspensions, exclusions and expulsions of students to continue 29 Prohibition notices 30 Exemptions under section 81A of Education Act 1972 to continue 31 Continuation of advisory committees 33 Authorisation of authorised officers to continue 34 Recovery etc of outstanding fees and charges 35 Continuation of arrangements under section 102A 36 Continuation of administrative instructions 37 Continuation of delegations under Education Act 1972 38 Appointment of Director of Children's Services nominee to Teachers Registration Board continued 39 Appointment of Director of Children's Services nominee to Education and Early Childhood Services (Registration and Standards) Board continued 40 Continuation of review panel 41 Continuation of registration of student exchange organisations Legislative history