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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Education and Early Childhood Services (Registration and
Standards) Bill 2011
A BILL FOR
An Act to provide for a national legislative scheme regulating the
provision of education and care services; to make provision for local matters
associated with the provision of education and care services; to ensure the
provision of quality education services to children in the State by providing
for the registration of providers of such services; to regulate the provision of
education services and early childhood services for the purpose of maintaining
high standards of competence and conduct by providers; to make related
amendments to other Acts; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Early childhood
services
5Parts of Act not to apply in relation to certain
services
6Governing
authority
7Limitation of liability for volunteer members
of governing authorities
8Responsible
authorities
9Objects and
principles
Part 2—Adoption of
Education and Care Services National Law
10Application
of Education and Care Services National Law
11Exclusion of legislation of
this jurisdiction
12Meaning of certain terms in Education and Care
Services National Law (South Australia) for the purposes of this
jurisdiction
13Penalty at end of provision
14Tabling of
annual report
Part 3—Application
of Education and Care Services National Law (South Australia) to residual
early childhood services providers
15Application of
Education and Care Services National Law (South Australia) to residual early
childhood services providers
16Exemption from certain
provisions of Education and Care Services National Law (South
Australia)
Division 1—The
Minister
17Functions of Minister
18Ministerial
directions
19Power of delegation
Subdivision 1—The Board
20Establishment of Board
21Composition of
Board
22Conditions of membership
23Casual
vacancies
24Allowances and expenses
25Validity of
acts
Subdivision 2—Registrars and
staff
26Registrars of
Board
27Staff of Board
Subdivision 3—Functions of
Board
28Functions of Board
29Complaint made directly to
Board to be referred to school
30Committees
31Power of
delegation
Subdivision 4—Board's
procedures
32Board's procedures
33Conflict of interest etc
under Public Sector (Honesty and Accountability) Act 1995
34Powers of
Board in relation to witnesses etc
35Principles governing
proceedings
36Representation at proceedings before
Board
37Costs
Subdivision 5—Financial matters,
audit and annual report
38Accounts and audit
39Annual report
Part 5—Registration
of schools
Division 1—Registers
40Registers
Division 2—Registration
on schools register
41Schools to be
registered
42Registration on schools
register
43Board may impose conditions
on registration
44Certificates of registration
45Removal
from schools register
46Board may cancel registration if education
services not provided
47Reinstatement on schools register
48Endorsement of
registration with approval to enrol full fee paying overseas students
49Removal of
endorsement
Division 3—Offences
50Procurement
of registration by fraud
51Improper directions to another member of
governing authority
52Illegal holding out
Division 4—Review
of registration
53Review of
registration
Part 6—Record
keeping and information gathering
Division 1—Records to be kept by
registered schools
54Interpretation
55Records to be kept by
registered schools
Division 2—Information
gathering
56Board may require information
Part 7—Disciplinary
proceedings
Division 1—Preliminary
57Application of Part
58Interpretation
59Cause for disciplinary
action
Division 2—Constitution of Board for
purpose of proceedings
60Constitution of Board for purpose of
proceedings
Division 3—Proceedings before
Board
61Inquiries by Board as to
matters constituting grounds for disciplinary action
62Contravention etc of
condition
63Contravention of prohibition order
64Register
of prohibition orders
65Variation or revocation
of conditions imposed by Board
66Further provisions as to proceedings before
Board under this Part
Part 8—Enforcement
67Authorised
officers
68Powers of authorised officers
69Offence to
hinder etc authorised officers
Division 1—Internal
review
70Internal review of
certain decisions of Board
Division 2—Appeal
71Right of
appeal to District Court
72Operation of order may be
suspended
73Variation or revocation of conditions imposed
by District Court
Part 10—Miscellaneous
74Use of certain terms or
descriptions prohibited
75Exemptions
76Statutory
declarations
77False or misleading statement
78Victimisation
79Self-incrimination
80Punishment
of conduct that constitutes offence
81Continuing offence
82Offences
by bodies corporate
83General defence
84Immunity of persons
engaged in administration of Act
85Application of fines
86Confidentiality
87Service
88Evidentiary provision
89Regulations
Schedule 1—Modifications
to Education and Care Services National Law (South Australia) for purposes
of Part 3
1Interpretation
2Exclusion of certain
provisions
3Certain provisions to apply as
modified
4National regulations not to
apply
Schedule 2—Related amendments,
repeal and transitional provisions
Part 1—Preliminary
1Amendment
provisions
Part 2—Amendment of
Child Sex Offenders Registration Act 2006
2Amendment of section
64—Interpretation
Part 3—Amendment of
Children's Protection Act 1993
3Amendment of section
31—Constitution of family care meeting
Part 4—Amendment of
Children's Services Act 1985
4Amendment of section
3—Interpretation
5Repeal of sections 7 and 8
6Repeal of
Part 2 Divisions 3 and 4
7Repeal of Part 3 Divisions 1, 2 and
3
8Repeal of section 41
9Amendment
of section 42—Registration
10Amendment of section 46—Appeal against
decisions of the Director
11Repeal of Part 3 Division 6
12Repeal of
section 49
13Repeal of sections 54, 55 and 56
14Amendment
of section 57—Regulations
Part 5—Amendment of
Criminal Law Consolidation Act 1935
15Amendment of section
49—Unlawful sexual intercourse
16Amendment of section 50—Persistent
sexual exploitation of a child
17Amendment of section 57—Consent no
defence in certain cases
Part 6—Amendment of
Education Act 1972
18Amendment of section
5—Interpretation
19Repeal of Part 5
Part 7—Amendment of
Intervention Orders (Prevention of Abuse) Act 2009
20Amendment
of section 3—Interpretation
Part 8—Amendment of
Local Government Act 1999
21Amendment of section 165—Rebate of
rates—educational purposes
Part 9—Amendment of
SACE Board of South Australia Act 1983
22Amendment of Schedule
1—Designated entities
Part 10—Amendment
of Sewerage Act 1929
23Amendment of section 66—Government
lands to be assessed
Part 11—Amendment
of Summary Offences Act 1953
24Amendment of section
38A—Sale of books and educational matter
Part 12—Amendment
of Teachers Registration and Standards Act 2004
25Amendment
of section 3—Interpretation
26Amendment of section 20—Requirement to
be registered
Part 13—Amendment
of Technical and Further Education Act 1975
27Amendment
of section 5—Application of Act
Part 14—Transitional
provisions
Part 3 of Act
(residual early childhood services)
28Interpretation
29Certain
persons etc taken to be approved providers
30Certain
residual early childhood services taken to hold service approval
31Certain
persons taken to be certified supervisors
32Certain persons taken to be
nominated supervisors
Part 5 of Act
(registration of schools)
Part 5
Division 2 of Act
Part 5
Division 2 of Act
35Exemptions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Education and Early Childhood Services
(Registration and Standards) Act 2011.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or to a
provision of this Act.
(1) In this Act, unless the contrary intention appears—
authorised officer means a person who is authorised by the
Board to be an authorised officer under
section 67;
Board means the Education and Early Childhood Services
Registration and Standards Board of South Australia established under this
Act;
Catholic school—see
subsection (2);
child means a person under the age of
18 years;
Director-General means the person for the time being holding,
or acting in, the office of Director-General under the
Education
Act 1972;
District Court means the Administrative and Disciplinary
Division of the District Court;
early childhood services—see
section 4;
Early Childhood Services Registrar means the person holding
or acting in the office of Registrar for the early childhood services
sector—see
section 26(1)(c);
Education and Care Services National Law (South
Australia)—see
section 10;
education services means—
(a) courses of instruction in primary or secondary education;
and
(b) any other service declared by the regulations to be included in the
ambit of this definition,
but does not include any service declared by the regulations not to be
included in the ambit of this definition;
endorsement, of a school's registration, means an endorsement
of the school's registration to enrol full fee paying overseas students under
section 48;
governing authority of a school—see
section 6;
Government school means a school established under the Education
Act 1972 or the repealed Act (within the meaning of that
Act);
Government Schools Registrar means the person holding or
acting in the office of Registrar for the Government sector—see
section 26(1)(a);
incorporated services provider—see
subsection (7)(a);
misconduct means—
(a) improper conduct in relation to the provision of education services;
or
(b) incompetence or negligence in relation to the provision of education
services; or
(c) conduct that constitutes an offence punishable by imprisonment for
1 year or more under some other Act or law (whether or not a person has
been charged with, or found guilty of, the offence);
non-Government school means a school that is not a Government
school;
non-Government Schools Registrar means the person holding or
acting in the office of Registrar for the non-Government sector—see
section 26(1)(b);
proceedings before the Board—the following are
proceedings before the Board:
(a) an application for registration or reinstatement of
registration;
(b) a review under
Part 5
Division 4;
(c) proceedings under
Part 7;
registered, in relation to a school, means registered on the
schools register under
Part 5;
relevant Registrar means—
(a) in relation to matters involving the early childhood services
only—the Early Childhood Services Registrar;
(b) in relation to matters involving education services
only—
(i) in relation to matters involving Government schools only—the
Government Schools Registrar;
(ii) in relation to matters involving non-Government schools
only—the non-Government Schools Registrar;
(iii) in relation to matters involving both Government and non-Government
schools—the Registrar specified by the Board in relation to the
matter;
(c) in relation to matters involving both early childhood services and
education services—the Registrar specified by the Board in relation to the
matter;
responsible authority for a school—see
section 8;
school means a provider of education services;
schools register—see
section 40(1)(a);
teacher means a person registered as a teacher under the
Teachers
Registration and Standards Act 2004 and includes a person who holds
a special authority to teach under that Act;
trustee services provider—see
subsection (7)(b).
(2) For the purposes of
this Act, a reference to a Catholic school will be taken to be a
reference to a non-Government school specified as such by the South Australian
Commission for Catholic Schools Incorporated by notice in writing given to the
non-Government Schools Registrar (and a reference to the Catholic
sector will be taken to have a corresponding meaning).
(3) For the purposes of this Act, a student (other than a student or class
of students declared by the regulations not to be a full fee paying overseas
student) is to be regarded as a full fee paying overseas
student—
(a) if—
(i) the student holds a temporary entry permit in force under the
Migration Act 1958 of the Commonwealth; and
(ii) the Commonwealth and the State disregard the student (or a class of
students to which that student belongs) when calculating the amount of any
assistance to the school at which the student is enrolled; or
(b) in any other circumstances prescribed by the regulations.
(4) Without limiting the generality of the expression, a person will be
taken to carry on the business of providing education services if
the person, in the course of carrying on a business—
(a) provides services to a school for which the person is entitled to
receive a share in the profits or income of the school; or
(b) engages in any other conduct declared by the regulations to be
carrying on the business of providing education services.
(5) A reference in this Act to misconduct extends
to—
(a) misconduct committed before the commencement of this Act;
and
(b) misconduct committed within or outside South Australia or the
Commonwealth.
(6) A reference in this Act to engaging in conduct includes
a reference to failing or refusing to engage in conduct.
(7) For the purposes
of this Act—
(a) an
incorporated services provider is a school that is a body
corporate and a person occupies a position of authority in such a
provider if the person—
(i) is a director of the body corporate; or
(ii) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(iii) manages, or is to manage, the business of the body corporate that
consists of the provision of education services; or
(iv) if the body corporate is a proprietary company—is a shareholder
in the body corporate;
(b) a trustee
services provider is a provider acting as a school in the capacity of
trustee of a trust and a person occupies a position of authority
in such a provider if the person is a trustee or beneficiary of the
trust.
(8) For the purposes of this Act, a person occupies a position of
authority in a body corporate other than an incorporated services
provider if the person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(c) if the body corporate is a proprietary company—is a shareholder
in the body corporate.
(9) However—
(a) a minor who is a shareholder in a proprietary company, or a
beneficiary under a trust, is not, for that reason, to be regarded as a person
occupying a position of authority; and
(b) a charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a position of authority.
(10) For the purposes of this Act, a person who holds more than 10% of the
issued share capital of a public company will be regarded as a person occupying
a position of authority in that company.
(1) In this Act, early childhood services means services of
the following kinds:
(a) in-home care services;
(b) occasional care services;
(c) rural and mobile care services;
(d) family day care services that are not education and care services
within the meaning of the Education and Care Services National Law (South
Australia);
(e) any other service declared by the regulations to be included in the
ambit of this definition,
but does not include a service declared by the regulations not to be
included in the ambit of this subsection.
(2) In this section—
in-home care services means services of a kind specified by
the regulations for the purposes of this definition;
occasional care services means services of a kind specified
by the regulations for the purposes of this definition;
rural and mobile care services means services of a kind
specified by the regulations for the purposes of this definition.
5—Parts
of Act not to apply in relation to certain services
The following provisions of this Act do not apply to, or in relation to,
services (however described) of a kind to which the Education and Care
Services National Law (South Australia) applies (other than where that Law
applies to residual early childhood services under
Part 3):
(a)
sections 4 and
9;
(b)
Part 5 to
Part 10
(inclusive).
For the purposes of this Act, the governing authority of a
school means the person, board, committee or other authority by which the school
is administered and, in the case of an incorporated or trustee services
provider, includes each person who occupies a position of authority in the
provider.
7—Limitation
of liability for volunteer members of governing authorities
(1) Despite any
other provision of this Act, a volunteer member of the governing authority of a
school can only be guilty of a prescribed offence against this Act if the
prosecution proves that—
(a) the volunteer member knew, or ought reasonably to have known, that
there was a significant risk that such an offence would be committed;
and
(b) the volunteer member was in a position to influence the conduct of the
governing authority in relation to the commission of such an offence;
and
(c) the volunteer member failed to exercise due diligence to prevent the
commission of the offence.
(2) In this section—
prescribed offence means—
(a) an offence against
section 41,
62(1),
74(2) or
75; or
(b) any other offence prescribed by the regulations for the purposes of
this section;
volunteer member of the governing authority of a school means
a person who is acting as a member of the governing authority on a voluntary
basis (whether or not the person receives out-of-pocket expenses).
(1) The Director-General is the responsible authority for
Government schools.
(2) The Executive Officer of the South Australian Commission for Catholic
Schools Incorporated (including a person for the time being holding or acting in
that position) is the responsible authority for all Catholic
schools.
(3) The Director of Lutheran Schools, South Australia (including a person
for the time being holding or acting in that position) is the responsible
authority for all Lutheran schools.
(4) The Director of Education, Seventh Day Adventist schools (including a
person for the time being holding or acting in that position) is the
responsible authority for all Seventh Day Adventist
schools.
(5) The Minister may,
on the application of a school or class of schools (not being a school or class
of schools contemplated by a preceding subsection) by notice in writing, appoint
a person—
(a) who has been nominated by the school or class of schools;
and
(b) who has agreed in writing to the appointment,
to be the responsible authority for the school or class of
schools.
(6) The Minister may, by subsequent notice in writing, vary or revoke a
notice under
subsection (5).
(7) In the case of a school in relation to which a responsible authority
cannot be determined according to a preceding subsection, each member of the
governing authority of the school will be taken to be a responsible
authority for the school.
(8) In this section—
Lutheran school means a school that is a member of the
Lutheran Schools Association;
Seventh Day Adventist school means a school operated by the
Seventh Day Adventist Schools SA Trust.
(1) The objects of this Act include providing for the regulation of the
provision of education and early childhood services in a manner that maintains
high standards of competence and conduct by providers and—
(a) recognises that all children should have access to high quality
education and early childhood facilities and services that—
(i) address their developmental needs; and
(ii) maximise their learning and development potential through an
appropriate curriculum; and
(iii) support their educational achievement; and
(iv) promote enthusiasm for learning; and
(v) support, promote and contribute to their health, safety and
well-being; and
(b) provides for a diverse range of services; and
(c) recognises the rights of parents to access a diverse range of
education and early childhood services providers; and
(d) enhances public confidence in the operation of education and early
childhood services providers.
(2) The following principles should be taken into account in the
administration of this Act:
(a) parents and guardians should have the right to choose the best
services for their family;
(b) parents and guardians, and members of school communities, should have
access to relevant information concerning the regulation of their child’s
school;
(c) the welfare and best interests of children is the primary
consideration in the performance of the Board's functions;
(d) any person who works with children is obliged to protect them, respect
their dignity and privacy and safeguard and promote their well-being;
(e) cooperation between the Minister, the Board and the school education
sectors contributes to achieving the effective provision of education and early
childhood services;
(f) successful learning is built on a foundation of rich, engaging
environments and meaningful interactions in which children’s voices are
listened to and acted on.
(3) In exercising a power or performing a function under this Act, the
Board should have regard to, and seek to give effect to, the following
principles:
(a) providers of education services and early childhood services should
not be burdened by regulation more than is reasonably necessary;
(b) the actions of the Board in relation to minimising or responding to a
particular risk should be proportionate to the potential harm posed by the
risk;
(c) the Board should have regard to all of the circumstances of a
particular provider of education services or early childhood services
(including, without limiting this paragraph, the provider's history of
compliance with this or any other relevant Act and any risk that the provider
may not comply with this Act in the future).
Note—
The Education and Care Services National Law (South Australia) may
contain further objects and principles in respect of services to which that Law
applies.
Part 2—Adoption
of Education and Care Services National
Law
10—Application
of Education and Care Services National
Law
(1) 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—
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the Education and Care
Services National Law (South Australia).
(2)
Subsection (1)
applies subject to any modifications made to the Education and Care Services
National Law by or under this Act.
11—Exclusion
of legislation of this jurisdiction
(1) The following Acts do not apply to the Education and Care Services
National Law (South Australia) or the national regulations:
(a) the Acts
Interpretation Act 1915;
(b) the Subordinate
Legislation Act 1978.
(2) The following Acts do not apply to the Education and Care Services
National Law (South Australia) or the national regulations except to the
extent that that Law or those instruments apply to the Regulatory Authority, or
to the employees, decisions, actions and records of the Regulatory
Authority:
(a) the Ombudsman
Act 1972;
(b) the Public
Finance and Audit Act 1987;
(c) the Public
Sector Act 2009;
(d) the Public
Sector (Honesty and Accountability) Act 1995;
(e) the State
Records Act 1997.
(3) The Freedom
of Information Act 1991 does not apply in relation to the National
Quality Framework.
(4) In this section—
National Quality Framework, national
regulations and Regulatory Authority have the same
meanings as in the Education and Care Services National Law (South
Australia).
12—Meaning
of certain terms in Education and Care Services
National Law (South Australia) for the purposes of this
jurisdiction
(1) In the Education and Care Services National Law (South
Australia)—
child protection law means—
(a) the Children's
Protection Act 1993; and
(b) the Family
and Community Services Act 1972; and
(c) the Guardianship
and Administration Act 1993; and
(d) any other Act declared by the regulations to be a child protection
law;
court means the Magistrates Court;
local authority means a local council within the meaning of
the
Local
Government Act 1999;
magistrate means a person holding office as a Magistrate
under the
Magistrates
Act 1983;
public authority means a body established for a public
purpose by or under an Act;
superior court means the Supreme Court;
this jurisdiction means South Australia.
(2) For the purposes of the definition of children's services
law in the Education and Care Services National Law (South
Australia), this Act, the Children's
Services Act 1985 and any other Act prescribed by the regulations
are declared to be children's services laws for this jurisdiction.
(3) For the purposes of the definition of children's services
regulator in the Education and Care Services National Law (South
Australia), the Board is declared to be the children's services regulator
for this jurisdiction.
(4) For the purposes of the definition of education law in
the Education and Care Services National Law (South Australia), this Act,
the Education
Act 1972 and any other Act prescribed by the regulations are
declared to be education laws for this jurisdiction.
(5) For the purposes of the definition of former education and care
services law in the Education and Care Services National Law (South
Australia), the Education
Act 1972 and the Children's
Services Act 1985 are declared to be former education and care
services laws for this jurisdiction.
(6) For the purposes of the definition of infringements law
in the Education and Care Services National Law (South Australia), the
Expiation
of Offences Act 1996 is declared to be an infringements law for
this jurisdiction.
(7) For the purposes of the definition of public sector law
in the Education and Care Services National Law (South Australia), the
Public
Sector Act 2009 and the Public
Sector (Honesty and Accountability) Act 1995 are declared to be
public sector laws for this jurisdiction.
(8) For the purposes of the definition of relevant tribunal or
court in the Education and Care Services National Law (South
Australia)—
(a) the Magistrates Court is declared to be the relevant tribunal or court
for this jurisdiction for the purposes of section 181 of the Education
and Care Services National Law (South Australia); and
(b) the District Court is declared to be the relevant tribunal or court
for this jurisdiction for the purposes of Part 8 of the Education and
Care Services National Law (South Australia).
(9) For the purposes of the definition of Regulatory
Authority in the Education and Care Services National Law (South
Australia), the Board is declared to be the Regulatory Authority for this
jurisdiction.
(10) For the purposes of the definition of working with children
law in the Education and Care Services National Law (South
Australia), the Children's
Protection Act 1993, and any other Act prescribed by the
regulations, are declared to be working with children laws for this
jurisdiction.
(11) For the purposes of the definition of declared approved family
day care service in section 305 of the Education and Care
Services National Law (South Australia), a family day care scheme that was,
immediately before the scheme commencement day, being operated by the
administrative unit of the Public Service responsible under the Minister for the
administration of the Children's
Services Act 1985 is declared to be a declared approved family day
care service for this jurisdiction.
(12) For the purposes of the definition of declared approved family
day care venue in section 305 of the Education and Care Services
National Law (South Australia), premises that, immediately before the scheme
commencement day, were the subject of an approval as family day care premises
under section 33 of the Children's
Services Act 1985 are declared to be a declared approved family day
care venue for this jurisdiction.
(13) For the purposes of the definition of declared approved
provider in section 305 of the Education and Care Services
National Law (South Australia), the following are declared to be declared
approved providers for this jurisdiction:
(a) the administrative unit of the Public Service that was, immediately
before the scheme commencement day, 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,
operated an out of school hours care service that was registered with the
National Childcare Accreditation Council of Australia;
(d) 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;
(e) 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;
(f) any other person or body declared by the regulations to be included in
the ambit of this subsection.
(14) For the purposes
of the definition of declared approved service in section 305
of the Education and Care Services National Law (South Australia), the
following education and care services are declared to be declared approved
services for this jurisdiction:
(a) a family day care service;
(b) a child care centre service;
(c) an out of school hours care service;
(d) a pre-school education service;
(e) any other service declared by the regulations to be included in the
ambit of this subsection.
(15) For the purposes of the definition of declared certified
supervisor in section 305 of the Education and Care Services
National Law (South Australia), the following persons are declared to be
declared certified supervisors for this jurisdiction:
(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) a person who was, at any time in the 2 years immediately
preceding the scheme commencement day, employed in a position of the following
kinds in the administrative unit of the Public Service that was, at the relevant
time, responsible under the Minister for the administration of the Children's
Services Act 1985:
(i) a field worker in relation to the provision of family day
care;
(ii) a coordinator in relation to the provision of family day
care;
(iii) a team leader in relation to the provision of family day
care;
(iv) a manager in relation to the provision of family day care;
(d) 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
subsection (14);
(e) any other person, or class of person, declared by the regulations to
be included within the ambit of this subsection.
(16) For the purposes of the definition of declared nominated
supervisor in section 305 of the Education and Care Services
National Law (South Australia), a person authorised in writing by the
Minister for the purposes of this subsection is declared to be a declared
nominated supervisor for this jurisdiction.
(17) For the purposes
of the definition of former approval in section 305 of the
Education and Care Services National Law (South Australia), an
authorisation (however described) under the Education
Act 1972 or the Children's
Services Act 1985 in force immediately before the scheme
commencement day to provide a service of a kind contemplated by
subsection (14) is
declared to be a former approval for this jurisdiction.
(18) For the purposes of
subsection (17), and
without limiting any other way in which a person may be authorised under the
Education
Act 1972 or the Children's
Services Act 1985 to provide a particular service—
(a) a person or body will be taken to have been authorised under the Education
Act 1972 or the Children's
Services Act 1985 (as the case requires) to provide a service of a
kind contemplated by
subsection (14) if
the person or body was, immediately before the scheme commencement day,
providing a service of the relevant kind; and
(b) that authorisation will be taken to have been in force immediately
before the scheme commencement day.
(19) For the purposes of this section, a reference to an Act of this
jurisdiction includes a reference to regulations made under that Act.
(20) In this section—
scheme commencement day has the same meaning as in the
Education and Care Services National Law (South Australia).
13—Penalty
at end of provision
In the Education and Care Services National Law (South Australia), a
penalty specified at the end of a provision indicates that a contravention of
the provision is punishable on conviction by a penalty not more than the
specified penalty.
(1) Without limiting section 280 of the Education and Care
Services National Law (South Australia), the Minister must cause copies of
the annual report of the National Authority, and the report of the public sector
auditor with respect to the financial statement in the report, to be laid before
both Houses of Parliament.
(2) In this section—
National Authority has the same meaning as in the
Education and Care Services National Law (South Australia).
Part 3—Application
of Education and Care Services National Law
(South Australia) to residual early childhood services
providers
15—Application
of Education and Care Services National Law
(South Australia) to residual early childhood services
providers
(1) The Education and Care Services National Law (South Australia),
as modified by
Schedule 1 and as in
force from time to time, applies in relation to all residual early childhood
services as if they were education and care services within the meaning of that
law.
(2) In this section—
residual early childhood services means early childhood
services of a kind to which the Education and Care Services National Law
(South Australia) would not, but for this section, apply.
Note—
See section 4 for the definition of early childhood
services.
16—Exemption
from certain provisions of Education and Care
Services National Law (South Australia)
(1) Subject to this
section, the Minister may, by notice in writing—
(a) exempt a person, or class of persons, subject to such conditions as
the Minister thinks fit and specifies in the notice, from specified provisions
of the Education and Care Services National Law (South Australia) as they
apply to, or in relation to, residual early childhood services; or
(b) vary or revoke an exemption, or a condition of an exemption, under
this section or impose a further condition.
(2) The Minister must consult with the Board before making a notice under
subsection (1).
(3) A person who
contravenes a condition of an exemption is guilty of an offence.
Maximum penalty: $10 000.
(1) The functions of the Minister under this Act are—
(a) to support the delivery of the highest possible standard of education
services and early childhood services;
(b) to work with the Board to ensure effective monitoring and evaluation
of the delivery of education and early childhood services;
(c) to support the promotion of, and public awareness on the availability
and quality of, education and early childhood services;
(d) such other functions assigned to the Minister by or under this or any
other Act.
(2) For the purposes of this section, a reference to early childhood
services includes a reference to an education and care service (within the
meaning of the Education and Care Services National Law (South
Australia)).
Note—
The Education and Care Services National Law (South Australia) may
contain further functions in respect of services to which that Law
applies.
(1) Subject to this
section, the Minister may give the Board a direction about any matter relevant
to the performance or exercise of a function or power of the Board.
(2) No Ministerial
direction may be given—
(a) in relation to the registration of a particular school, or the
imposition of conditions on the registration of a particular school, or the
suspension or cancellation of the registration of a particular school;
or
(b) in relation to the determination of criteria for registration under
this Act; or
(c) in relation to any particular proceedings before the Board;
or
(d) in relation to a particular complaint of a kind contemplated by
section 29.
(3) A direction given by the Minister under this section must be in
writing.
(4) If the Minister gives a direction under this section—
(a) the Minister must prepare a report on the matter and cause a copy of
the report to be laid before each House of Parliament; and
(b) the Board must cause details of the direction to be published in its
next annual report.
(1) The Minister 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 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.
(4) A person to whom
a function has been delegated under
subsection (1) who
has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Minister.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4) for
the defendant to prove that he or she was not, at the time of the alleged
offence, aware of his or her interest in the matter.
Division 2—The
Education and Early Childhood Services Registration and Standards Board of South
Australia
(1) The Education and Early Childhood Services Registration and
Standards Board of South Australia is established.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) has the functions and powers assigned or conferred by or under this or
any other Act.
(3) If a document appears to bear the common seal of the Board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Board was duly fixed to the document.
(1) The Board
consists of 13 members appointed by the Governor on the nomination of the
Minister, being persons who collectively have, in the opinion of the Minister,
the knowledge, skills and experience necessary to enable the Board to carry out
its functions effectively.
(a) 1 (who will be the presiding member) must be a person who has, in
the opinion of the Minister, extensive knowledge and expertise in the education
and care of children; and
(b) 2 must be
nominated from a panel of 4 persons submitted by the Director-General;
and
(c) 2 must be
nominated from a panel of 4 persons submitted by the Association of
Independent Schools of South Australia; and
(d) 2 must be
nominated from a panel of 4 persons submitted by the South Australian
Commission for Catholic Schools Incorporated; and
(e) 2 must be
nominated from a panel of 4 persons submitted by the prescribed child care
bodies; and
(f) 1 must be a legal practitioner.
(3) If the Minister does not receive a submission from a body under
subsection (2)(c),
(d) or
(e) within
2 months after requesting the submission of 4 names by that body, the
Minister may, by notice in writing, request the relevant body to make a
nomination within a time (being not less than 1 month) allowed in the
notice and if a nomination is not made within that time, then the Minister may
proceed to nominate a person or persons determined by the Minister in lieu of a
person submitted by that body.
(4) Subject to this
section, the Minister should, before nominating a person for appointment to the
Board (other than for the purposes of
subsection (2)(c),
(d) or
(e)), under a scheme
determined by the Minister for the purposes of this section—
(a) call for expressions of interest; and
(b) take into account any representations made by a prescribed designated
entity.
(5) In nominating the remaining members of the Board, the Minister should,
as far as is reasonably practicable, endeavour to achieve a gender balance on
the Board.
(6) The requirements of qualification and nomination (if applicable) made
by this section in relation to the appointment of a member extend to the
appointment of a deputy of that member.
(7) The Governor may, on the recommendation of the Minister, appoint a
suitable person to be the deputy presiding member of the Board.
(8) The Governor may, on the nomination of the Minister, appoint a
suitable person to be the deputy of a member of the Board.
(9) A deputy may act as a member of the Board during any period of absence
of the member in relation to whom the deputy has been appointed.
(1) Subject to this section, a member of the Board will hold office on
conditions determined by the Governor for a term, not exceeding 3 years,
specified in the instrument of appointment and is, at the expiration of a term
of office, eligible for reappointment.
(2) A member of the
Board cannot hold office for consecutive terms that exceed 9 years in
total.
(3) The Governor may
remove a member of the Board from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for mental or physical incapacity to carry out duties of office
satisfactorily; or
(c) for neglect of duty; or
(d) for dishonourable conduct.
(4) The office of a member of the Board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice addressed to the Minister; or
(d) is found guilty of a prescribed offence; or
(e) is removed from office by the Governor under
subsection (3);
or
(f) accepts employment as a Registrar under this Act.
The following rules govern the appointment of a person to fill a casual
vacancy that occurs in the office of a member appointed in accordance with
section 21(2)(c),
(d) or
(e):
(a) if the vacancy
occurs within 12 months after the member's appointment, the Governor must
appoint on the nomination of the Minister 1 of the remaining persons from
the panel submitted in relation to the member's appointment;
(i) none of the remaining persons are qualified for appointment;
or
(ii) none of the remaining persons are available or willing to be
appointed; or
(iii) if the vacancy occurs later than 12 months after the member's
appointment,
the Governor may appoint a person nominated by the Minister from a new
panel of 4 persons submitted by the body referred to in the relevant
paragraph (and, if the Minister does not receive a submission from the body
within 14 days after requesting the submission of 4 names by that
body, the Minister may proceed to nominate a person determined by the Minister
in lieu of a person submitted by that body);
(c) the person appointed holds office for the balance of the term of that
person's predecessor.
A member of the Board (other than a member who is a member of the Public
Service) is entitled to fees, allowances and expenses approved by the
Governor.
An act or proceeding of the Board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
Subdivision 2—Registrars
and staff
(1) There will be the
following Registrars of the Board:
(a) the Registrar for
the Government sector (the Government Schools
Registrar);
(b) the Registrar for
the non-Government sector (the non-Government Schools
Registrar);
(c) the Registrar for
the early childhood services sector (the Early Childhood Services
Registrar).
(2) The Registrars will be appointed by the Board on terms and conditions
determined by the Board.
(1) The Board's staff consists of—
(a) Public Service employees assigned to assist the Board; and
(b) persons employed by the Board, on terms and conditions determined by
the Board after consultation with the Minister, to assist the Board.
(2) If a person
commences employment as a member of the staff of the Board after ceasing to be
employed—
(a) in the Public Service of the State; or
(b) by a prescribed employing authority,
and that employment with the Board follows immediately on the cessation of
that previous employment, then—
(c) the person's existing and accruing rights immediately before the
cessation of that previous employment in respect of recreation leave, sick leave
and long service leave continue in full force and effect as if that previous
employment had been employment by the Board; and
(d) the person is not entitled to payment in lieu of those
rights.
(3) Except where
subsection (2)
applies, if a person commences employment as a member of the staff of the Board
within 3 months after ceasing to be employed—
(a) in the Public Service of the State; or
(b) by a prescribed employing authority; or
(c) in prescribed employment,
the person's existing and accruing rights immediately before the cessation
of that employment in respect of recreation leave, sick leave and long service
leave continue, to the extent directed by the Board and subject to such
conditions as may be determined by the Board, as if that previous employment had
been employment by the Board.
(4) The Board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
(5) In this section—
prescribed employing authority means—
(a) the employing authority under the Education
Act 1972; or
(b) the employing authority under the Children's
Services Act 1985; or
(c) any other person or body declared by the Minister to be included in
the ambit of this definition.
Subdivision 3—Functions
of Board
(1) The functions of the Board are as follows:
(a) to regulate the provision of education services and early childhood
services;
(b) to approve the requirements for endorsement of registration;
(c) to establish and maintain the registers contemplated by this
Act;
(d) to prepare or endorse codes of conduct for registered
schools;
(e) to provide advice to the Minister as the Board considers
appropriate;
(f) to carry out other functions assigned to the Board under this or any
other Act or by the Minister.
(2) A code of conduct
prepared or endorsed by the Board cannot come into operation except with the
written approval of—
(a) the Minister; and
(b) a majority of the peak bodies prescribed by the regulations for the
purpose of this subsection.
(3) The Board must, in relation to each code of conduct prepared or
endorsed by the Board and that has been approved in accordance with
subsection (2)—
(a) cause a copy of
the code to be published in the Gazette, together with a statement of the
operative date of the code (which cannot be a date earlier than the date of
publication); and
(b) take reasonable
steps to send a copy of the code to each school to which it applies;
and
(c) ensure that a
copy of the code is published on the Internet and kept available for public
inspection without charge during normal office hours at the principal office of
the Board,
(although proof of compliance with
paragraphs (a),
(b) and
(c) is not necessary
for the purposes of any proceedings that involve an alleged contravention of or
failure to comply with a code of conduct).
29—Complaint
made directly to Board to be referred to school
(1) If a person makes a complaint to the Board or a Registrar in relation
to the provision of education services by a registered school, the Board or
Registrar must refer the complaint to the registered school to be dealt with in
accordance with the procedures for handling complaints established by the
school.
(2) However, if the
Board is of the opinion that the subject matter of a complaint—
(a) would, if proved, constitute a proper cause for disciplinary action
under
Part 7;
and
(b) is of such seriousness that the matter should instead be the subject
of a complaint laid under
section 61,
the Board may direct the relevant Registrar to lay a complaint under that
section instead of referring the matter to the registered school.
(1) The Board may establish committees—
(a) to advise the Board or a Registrar on any matter; or
(b) to carry out functions on behalf of the Board.
(2) The membership of a committee will be determined by the Board and may,
but need not, consist of, or include, members of the Board.
(3) The Board will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by
the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as
determined by the committee.
(1) The Board may
delegate a function or power under this Act (other than a function or power
under
Part 7 or a
prescribed function or power)—
(a) to a member of the Board, a Registrar or an employee of the Board;
or
(b) to a committee established by the Board; or
(c) 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 Board 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.
(4) A person to whom
a function has been delegated under
subsection (1) who
has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Board.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4) to
prove that the defendant was not, at the time of the alleged offence, aware of
his or her interest in the matter.
Subdivision 4—Board's
procedures
(1) Subject to this Act, a quorum of the Board consists of one half the
total number of its members (ignoring any fraction resulting from the division)
plus 1.
(2) At least 1 member of the Board appointed in accordance with each
of
paragraphs (c),
(d) and
(e) of
section 21 must be
present at any meeting of the Board.
(3) A meeting of the Board will be chaired by the presiding member or, in
his or her absence, by the deputy presiding member and, in the absence of both
the presiding member and the deputy presiding member, the members present at a
meeting of the Board must choose 1 of their number to preside at the
meeting.
(4) A decision carried by a majority of the votes cast by members of the
Board at a meeting is a decision of the Board.
(5) Each member present at a meeting of the Board has 1 vote on any
question arising for decision.
(6) A conference by
telephone or other electronic means between the members of the Board will, for
the purposes of this section, be taken to be a meeting of the Board at which the
participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(7) A proposed
resolution of the Board becomes a valid decision of the Board despite the fact
that it is not voted on at a meeting of the Board if—
(a) notice of the proposed resolution is given to all members of the Board
in accordance with procedures determined by the Board; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, telegram, telex, fax, email or other written communication
setting out the terms of the resolution.
(8) The Board must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Board may determine its own
procedures.
33—Conflict
of interest etc under Public Sector (Honesty and
Accountability) Act 1995
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the
fact that the member has an interest in the matter that is shared in common with
persons involved in the provision of education services or early childhood
services generally, or a substantial section of persons involved in the
provision of education services or early childhood services.
Note—
The Public
Sector (Honesty and Accountability) Act 1995 imposes duties of
honesty and accountability on public sector office holders, including members of
the Board.
34—Powers
of Board in relation to witnesses etc
(1) For the purposes of proceedings before the Board (whether such
proceedings are disciplinary proceedings or otherwise), the Board
may—
(a) by summons signed on behalf of the Board by a member of the Board or
the relevant Registrar, require the attendance before the Board of a person whom
the Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or
the relevant Registrar, require the production of relevant documents, records or
equipment and, in the case of a document or record that is not in the English
language—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record; or
(c) inspect documents, records or equipment produced before it, and retain
them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be
administered by a member of the Board) to answer truthfully questions put by a
member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to
appear or not) to answer questions put by a member of the Board or by a person
appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this
section, a member of the Board or the relevant Registrar may, without referring
the matter to the Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to
attend, or to produce documents, records or equipment, before the Board;
or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) refuses to be sworn or to affirm, or refuses or fails to answer
truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same
protection as a witness in proceedings before the Supreme Court.
(5) In the course of proceedings before the Board (whether such
proceedings are disciplinary proceedings or otherwise), the Board
may—
(a) receive in evidence a transcript of evidence taken in proceedings
before a court, tribunal or other body constituted under the law of South
Australia or of any other State or a Territory of Australia or of another
country, and draw any conclusions of fact from the evidence that it considers
proper; and
(b) adopt, as in its discretion it considers proper, any findings,
decision, judgment, or reasons for judgment, of any such court, tribunal or body
that may be relevant to the proceedings.
35—Principles
governing proceedings
(1) In proceedings before the Board, the Board—
(a) is not bound by the rules of evidence and may inform itself on any
matter as it thinks fit; and
(b) must act according to the principles of natural justice and ensure
procedural fairness; and
(c) must act according to equity, good conscience and the substantial
merits of the case without regard to technicalities and legal forms.
(2) In proceedings before the Board, the Board must keep the parties to
the proceedings properly informed as to the progress and outcome of the
proceedings.
36—Representation
at proceedings before Board
(1) A party to proceedings before the Board is entitled to be represented
at the hearing of those proceedings.
(2) The Board may be assisted by legal counsel at the hearing of
proceedings.
(1) The Board may award such costs against a party to proceedings before
it as the Board considers just and reasonable.
(2) A party who is dissatisfied with the amount of the costs awarded by
the Board may request a Master of the District Court to tax the costs and, after
taxing the costs, the Master may confirm or vary the amount of the costs awarded
by the Board.
(3) Costs awarded by the Board under this section may be recovered as a
debt.
Subdivision 5—Financial
matters, audit and annual report
(1) The Board must keep proper accounting records in relation to its
financial affairs, and must have annual statements of accounts prepared in
respect of each financial year.
(2) The accounts must be audited at least once in every year by an auditor
approved by the Auditor-General and appointed by the Board.
(3) The Auditor-General may at any time audit the accounts of the
Board.
(1) The Board must, on or before 31 October in each year, deliver to
the Minister a report on the administration of this Act and the work of the
Board during the financial year ending on the preceding 30 June.
(2) The report must—
(a) include the information prescribed by the regulations in relation to
the relevant financial year; and
(b) incorporate the audited accounts of the Board for the relevant
financial year.
(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.
Part 5—Registration
of schools
(1) The Board must keep
the following registers:
(a) a schools
register, comprised of the following parts:
(i) Government schools;
(ii) non-Government schools;
(b) a register of
schools that have been removed from the schools register and who have not been
reinstated to that register.
(2) The schools register must include the following information in
relation to each school on the register:
(a) the name of the school;
(b) the address of each campus of the school;
(c) the conditions (if any) of the registration;
(d) any endorsement of the registration;
(e) any other information required by the regulations.
(3) The Registrars are responsible to the Board for the form and
maintenance of the registers.
(4) The Registrars must correct an entry in a register that is not, or has
ceased to be, correct.
(5) The registers
must be kept available for inspection by any person during ordinary office hours
at the principal office of the Board and the registers, or extracts of the
registers, 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 a
register.
Division 2—Registration
on schools register
(1) A school at
which education services are provided, or students enrolled, must be registered
under this Division.
(2) If a school
provides education services or enrols students in contravention of
subsection (1)—
(a) if the school is an incorporated or trustee services
provider—the school; or
(b) in any other
case—the responsible authority for the school,
is guilty of an offence.
Maximum penalty: $75 000.
42—Registration
on schools register
(1) Subject to this
Act, a school is eligible for registration on the schools register if the Board,
on application made in accordance with this Act, is satisfied
that—
(a) the nature and
content of the instruction offered, or to be offered, at the school is
satisfactory; and
(b) the school
provides adequate protection for the safety, health and welfare of its students;
and
(c) the school satisfies any other requirements set out in the regulations
for the purposes of this subsection.
(2) The Governor may
only make regulations for the purposes of
subsection (1) on
the recommendation of the Board.
(3) Before making a recommendation for the purposes of
subsection (2), the
Board must consult with the bodies prescribed by the regulations for the
purposes of this subsection (and may consult with any other person or body the
Board thinks fit).
(4) An application for registration must—
(a) be made in a manner and form determined by the Board; and
(b) be accompanied by the prescribed fee.
(5) An applicant for registration must provide the Board with such further
information as the Board may reasonably require to determine the
application.
(6) A school's registration remains in force until cancelled under this
Act.
43—Board
may impose conditions on registration
(1) The Board may
impose such conditions on the registration of a school as it thinks fit
(including, to avoid doubt, a condition restricting the kind of education
services that may be provided by the school).
(2) The Board may,
by notice in writing, on application by the school concerned or of its own
motion, vary the conditions of registration of the school by the addition,
substitution or deletion of 1 or more conditions.
44—Certificates
of registration
(1) If the Board registers a school on the school's register, the Board
must issue to the school a certificate of registration in the prescribed form
(and if a registered school has more than 1 campus, the Board must issue a
sufficient number of duplicate certificates of registration to enable the school
to comply with this section).
(2) A registered
school must at all times and in a conspicuous place at each of the school's
campuses, display—
(a) the certificate of registration, or a duplicate certificate of
registration, for the school; and
(b) a copy of any notice under
section 43 varying
the conditions of registration of the school.
45—Removal
from schools register
(1) The Board must
remove a school from the schools register—
(a) on the application of the school; or
(b) if the school ceases to be eligible for registration on the schools
register; or
(c) if the school's
registration is suspended or cancelled under this Act.
(2) The Board may act under
subsection (1)(c)
without giving prior notice to the school.
46—Board
may cancel registration if education services not provided
The Board may cancel the registration of a registered school if the Board
is satisfied that the school no longer provides education services pursuant to
the registration.
47—Reinstatement
on schools register
(1) A school that has been removed from the schools
register—
(a) on application by the school; or
(b) on account of the school ceasing to be eligible for registration on
the schools register,
may apply to the Board for reinstatement on the schools register.
(2) Subject to
subsection (3), a
school whose registration has been suspended may apply to the Board for
reinstatement on the schools register.
(3) If in disciplinary
proceedings the registration of a school is suspended for a specified period,
the school may, with the consent of the Board, apply for reinstatement before
the end of that period but such reinstatement does not have effect until after
the expiration of the period.
(4) A school that has been disqualified from being registered under this
Act may, subject to the terms of the order for disqualification, apply to the
Board for reinstatement on the schools register.
(5) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the reinstatement fee fixed under this
Act.
(6) An applicant for reinstatement must provide the Board with such
further information as the Board may reasonably require to determine the
application.
(7) The Board may only reinstate on the schools register an applicant
under this section if satisfied that the applicant is eligible for registration
on that register.
(8) Without limiting the circumstances in which the Board may refuse to
reinstate an applicant on the schools register, the Board may refuse to
reinstate an applicant on the schools register until all complaints (if any)
laid against the applicant under this Act, or a law of another State or a
Territory of the Commonwealth providing for the registration or some other form
of accreditation of persons who provide education services, have been finally
disposed of.
48—Endorsement
of registration with approval to enrol full fee paying overseas
students
(1) If the Board is
satisfied on application under this section that a registered school has
satisfied the requirements set out in the regulations for the purposes of this
subsection, the Board must endorse the school's registration with an approval to
enrol full fee paying overseas students.
(2) An application for endorsement—
(a) must be made in a manner and form determined by the Board;
and
(b) may be dealt with at the same time as an application for registration
under this Division; and
(c) must be accompanied by the prescribed fee.
(3) An applicant for endorsement must provide the Board with such further
information as the Board may reasonably require to determine the
application.
(a) may be subject to such conditions as the Board thinks fit;
and
(b) has effect for the period specified by the Board in the
endorsement.
(5) The Board may,
by notice in writing, on application by the school concerned—
(a) vary the conditions of an endorsement by the addition, substitution or
deletion of 1 or more conditions; or
(b) extend the period during which the endorsement has effect.
(1) The Board must
remove an endorsement from a school's registration—
(a) on the application of the school; or
(b) if the
endorsement is cancelled under this Act.
(2) The Board may act under
subsection (1)(b)
without giving prior notice to the school.
(3) The Board may
remove the endorsement from a school's registration if the Board is satisfied
that the school no longer satisfies the requirements set out in the regulations
for the purposes of
section 48(1).
50—Procurement
of registration by fraud
A person who, by fraud or any other dishonest means, procures (whether for
himself or herself or for another person or body)—
(a) registration, or reinstatement of registration, under this Act;
or
(b) endorsement of a registration,
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
51—Improper
directions to another member of governing authority
A person who occupies a position of authority in an incorporated or trustee
services provider and who directs or pressures a member of the governing
authority of the school, or the responsible authority for the school, to engage
in misconduct is guilty of an offence.
Maximum penalty: $75 000.
(1) A person must not hold a school out as a registered school, or permit
another person to do so, unless the school is a registered school.
Maximum penalty: $50 000.
(2) A person must not hold a registered school out as having a
registration that is subject to, or not subject to, a particular condition, or
permit another person to do so, unless the school's registration is subject to,
or not subject to, the condition (as the case requires).
Maximum penalty: $50 000.
(3) A person must not hold a registered school out as having a
registration that is endorsed with an approval to enrol full fee paying overseas
students, or permit another person to do so, unless the registration of the
school is so endorsed.
Maximum penalty: $50 000.
Division 4—Review
of registration
(1) The Board must
review the registration of registered schools in accordance with any
requirements set out in the regulations.
(2) The Governor may only make regulations for the purposes of
subsection (1) on
the recommendation of the Board.
(3) Without limiting
section 35, the
Board must give a registered school at least 21 days notice of a proposed
review under this section.
Part 6—Record
keeping and information gathering
Division 1—Records
to be kept by registered schools
In this Part—
(a) a reference to a registered school includes a reference
to a person or body 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.
55—Records
to be kept by registered schools
(1) A registered
school must keep the following records in relation to the provision of education
services by the school:
(a) in relation to education services provided before the commencement of
this section—any records required to be kept under section 72N of the
Education
Act 1972 (as in force immediately before the commencement of this
section);
(b) in relation to education services provided after the commencement of
this section—the records required by the regulations.
(2) The records required to be kept under
subsection (1)
must be retained in accordance with any requirement set out in the
regulations.
Division 2—Information
gathering
56—Board
may require information
(1) The Board may, by
notice in writing, require—
(a) a registered school; or
(b) in the case of an incorporated or trustee services provider—a
person who occupies a position of authority in the provider,
to provide such information in relation to the provision of education
services by, or on behalf of, the school or person as the Board may reasonably
require in relation to the administration of this Act.
(2) A registered school or person must not, without reasonable excuse,
refuse or fail to comply with a notice under
subsection (1).
Part 7—Disciplinary
proceedings
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.
In this Part—
(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
occupies 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.
59—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—
(a) the person has contravened or failed to comply with a provision of
this Act; or
(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—
(a) the person has contravened or failed to comply with a provision of
this Act; or
(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—
(a) the person has contravened or failed to comply with a provision of
this Act; or
(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
60—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 21(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 21(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 21(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
61—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.
62—Contravention
etc of condition
(1) If a registered
school contravenes or fails to comply with a condition imposed by the Board
under
section 61—
(a) if the registered school is an incorporated or trustee services
provider—the registered school; or
(b) in any other
case—the responsible authority for the school,
is guilty of an offence.
Maximum penalty: $75 000.
(2) A person who contravenes or fails to comply with a condition imposed
by the Board under
section 61 is
guilty of an offence.
Maximum penalty: $75 000.
63—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.
Maximum penalty: $75 000 or imprisonment for 6 months.
(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.
Maximum penalty: $75 000 or imprisonment for 6 months.
(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.
Maximum penalty: $75 000 or imprisonment for 6 months.
(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.
Maximum penalty: $75 000 or imprisonment for 6 months.
64—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.
65—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 61 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.
66—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.
Note—
Other provisions relating to the procedures of the Board are set out in
Part 4 Division 2
Subdivision 4.
(1) The Board may, by notice in writing, authorise a person to be an
authorised officer for the purposes of this Act.
(2) An authorisation may be made subject to conditions or limitations
specified in the instrument of authorisation.
(3) The Board may, by notice in writing to an authorised officer, vary or
revoke an authorisation, or a condition or limitation of an authorisation, on
any grounds it thinks fit.
68—Powers
of authorised officers
(1) If there are reasonable grounds for suspecting—
(a) that there is proper cause for disciplinary action against a school or
person; or
(b) that a school or person has committed an offence against this
Act,
an authorised officer may investigate the matter.
(2) Subject to this
Act, for the purposes of an investigation, or in relation to a review of the
registration of a registered school under
Part 5
Division 4, an authorised officer may—
(a) at any reasonable
time, enter and inspect—
(i) the premises of a registered school; or
(ii) any other premises on which the authorised officer reasonably
suspects an offence against this Act has been or is being committed;
or
(b) with the
authority of a warrant issued by a magistrate or in circumstances in which the
authorised officer reasonably believes that immediate action is required, use
reasonable force to break into or open any part of, or anything in or on any
premises referred to in
paragraph (a);
or
(c) while on premises entered under
paragraph (a)
or
(b), seize and retain
anything found on the premises that the authorised officer reasonably believes
may afford evidence relevant to the matters under investigation; or
(d) require any person who has possession of documents or records relevant
to the matters under investigation to produce those documents or records for
inspection (including written documents or records that reproduce, in a readily
understandable form, information kept by computer, microfilm or other process);
or
(e) inspect any documents or records produced to the authorised officer
and retain them for such reasonable period as the authorised officer thinks fit,
and make copies of the documents or records; or
(f) require any
person who is in a position to provide information relevant to the matters under
investigation to answer any question put by the authorised officer in relation
to those matters; or
(g) take photographs, films or video or audio recordings; or
(h) if the authorised officer reasonably suspects that an offence against
this Act has been or is being committed, require the suspected offender to state
his or her full name and address.
(3) An authorised officer must not exercise the power conferred by
subsection (2)(a)
in relation to any residential premises except with the permission of the
occupier of the premises or on the authority of a warrant issued by a
magistrate.
(4) A magistrate must not issue a warrant under this section unless
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
69—Offence
to hinder etc authorised officers
(1) Subject to this section, a person who—
(a) hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of powers conferred by this Part;
or
(b) uses abusive, threatening or insulting language to an authorised
officer, or a person assisting an authorised officer; or
(c) when required by an authorised officer under this Part to answer a
question, refuses or fails to answer the question to the best of the person's
knowledge, information and belief; or
(d) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $5 000.
(2) A person is not required to answer a question if the answer to the
question would tend to incriminate the person or make the person liable to a
penalty.
70—Internal
review of certain decisions of Board
(1) This section applies to the following decisions of the
Board:
(a) a refusal by the Board to register, or reinstate the registration of,
a school under this Act;
(b) a refusal by the Board to endorse the registration of a school under
section 48;
(c) the removal by the Board of an endorsement of registration under
section 49(3);
(d) the imposition by the Board of conditions on a school's registration
or endorsement of registration under this Act (other than where the conditions
were imposed under
Part 7);
(e) any other decision of a kind prescribed by the regulations.
(2) A school or
person who is the subject of a decision to which this section applies (the
original decision) may apply to the Board for a review of the
decision.
(3) An application under
subsection (2)—
(a) must be made in a manner and form determined by the Board;
and
(b) unless the Board allows otherwise, must be made within 14 days
after—
(i) if the school or person was notified of the original decision in
accordance with this Act—the day on which the school or person was so
notified; or
(ii) if the school or person was not notified of the original decision in
accordance with this Act—the school or person becomes aware of the
decision.
(4) The member of the Board or person who conducts the review must not
have been involved in, or in relation to, the original decision.
(5) The person
conducting the review may ask the applicant for further information.
(6) A review must
be conducted within 30 days after the application is made.
(7) However, the period specified in
subsection (6)
may be extended by up to 30 days—
(a) if a request for further information is made under
subsection (5);
or
(b) by agreement between the applicant and the Board.
(8) On completion of a
review, the Board—
(i) confirm the original decision; or
(ii) vary the original decision; or
(iii) quash the original decision and substitute any decision that the
Board could have made in the first instance; and
(b) must, as soon as is reasonably practicable, give the applicant written
notice of the results of the review setting the reasons for the Board's decision
under
paragraph (a).
71—Right
of appeal to District Court
(1) An appeal lies to
the District Court against—
(a) a refusal by the Board to register, or reinstate the registration of,
a school under this Act; or
(b) a refusal by the Board to endorse the registration of a school under
section 48;
or
(c) the removal by the Board of an endorsement of registration under
section 49(3);
or
(d) the imposition by the Board of conditions on a school's registration
or endorsement of registration under this Act; or
(e) a decision made
by the Board in proceedings under
Part 7.
(2) An appeal under
subsection (1)(e)
against a decision may be instituted—
(a) in the case of a decision made in disciplinary proceedings—by
the complainant or the respondent in the proceedings in which the decision was
made;
(b) in the case of a decision under
section 65—by
the applicant or a person entitled to be heard in the proceedings.
(3) An appeal must be instituted—
(a) if the decision is the subject of a review under
section 70—within
28 days after written notice is given to the applicant under
section 70(8);
or
(b) in any other case—within 28 days after the date of the
decision appealed against.
72—Operation
of order may be suspended
(1) If an order has
been made by the Board, and the Board or the District Court is satisfied that an
appeal against the order has been instituted, or is intended, the Board or
District Court (as the case requires) may suspend the operation of the order
until the determination of the appeal.
(2) If the Board has suspended the operation of an order under
subsection (1),
the Board may terminate the suspension, and if the District Court has done so,
the District Court may terminate the suspension.
73—Variation
or revocation of conditions imposed by District Court
(1) The District Court may, on application by a registered school, vary or
revoke a condition imposed by the District Court in relation to the registration
of the school.
(2) The Board and the Minister are entitled to appear and be heard on an
application under this section.
74—Use
of certain terms or descriptions prohibited
(1) A school that is
not registered on the schools register must not use a prescribed term, or
derivatives of the words comprising the term, to describe a service provided by
the school.
(2) If a school
contravenes
subsection (1)—
(a) if the school is an incorporated or trustee services
provider—the school; or
(b) in any other
case—the responsible authority for the school,
is guilty of an offence.
Maximum penalty: $50 000.
(3) A person who is not registered on the schools register must not use a
prescribed term, or derivatives of the words comprising the term, to describe
himself or herself or a service that he or she provides.
Maximum penalty: $50 000.
(4) A person must not, in the course of advertising or promoting a service
that he or she provides, use a prescribed term, or derivatives of the words
comprising the term, to describe a school that is engaged in the provision of
the service unless the school is registered on the schools register.
Maximum penalty: $50 000.
(5) In this section—
prescribed term means—
(a) registered school; or
(b) any other word or expression prescribed by the regulations.
(1) Subject to this
section, the Minister may, by notice in writing—
(a) exempt a registered school or person, or a class of registered schools
or persons, subject to such conditions as the Minister thinks fit and specifies
in the notice, from specified provisions of this Act; or
(b) vary the conditions of an exemption by the addition, substitution or
deletion of 1 or more conditions.
(2) The Minister must consult with the Board before making a notice under
subsection (1).
(3) If a registered
school or person contravenes a condition of an exemption—
(a) —
(i) if the registered school is an incorporated or trustee services
provider—the registered school; or
(ii) in any other
case—the responsible authority for the school; or
(b) the person,
(as the case requires) is guilty of an offence.
Maximum penalty: $10 000.
If a person is required under this Act to provide information to the Board,
the Board may require that the information be verified by statutory declaration
and, in that event, the person will not be taken to have provided the
information as required unless it has been verified in accordance with the
requirements of the Board.
77—False
or misleading statement
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information kept or provided under this Act.
Maximum penalty: $20 000.
(1) A person commits an act of victimisation against another person (the
victim) if he or she causes detriment to the victim on the ground,
or substantially on the ground, that the victim—
(a) has disclosed or intends to disclose information; or
(b) has made or intends to make an allegation,
that has given rise, or could give rise, to proceedings against the person
under this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal
Opportunity Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a
complaint under that Act, he or she cannot subsequently commence proceedings in
a court seeking a remedy in tort.
(3) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
Subject to this Act, if a person is required to provide information or to
produce a document, record or equipment under this Act and the information,
document, record or equipment would tend to incriminate the person or make the
person liable to a penalty, the person must nevertheless provide the information
or produce the document, record or equipment, but the information, document,
record or equipment so provided or produced will not be admissible in evidence
against the person in proceedings for an offence, other than—
(a) an offence against
Part 6 of this
Act; or
(b) an offence against this or any other Act relating to the provision of
false or misleading information.
80—Punishment
of conduct that constitutes offence
If conduct constitutes an offence and is also a ground for disciplinary
action under this Act, the taking of disciplinary action under this Act is not a
bar to conviction and punishment for the offence, nor is conviction and
punishment for the offence a bar to disciplinary action under this
Act.
(1) A person convicted of an offence against a provision of this Act in
respect of a continuing act or omission—
(a) is liable, in addition to the penalty otherwise applicable to the
offence, to a penalty for each day during which the act or omission continued of
not more than one tenth of the maximum penalty prescribed for that offence;
and
(b) is, if the act or omission continues after the conviction, guilty of a
further offence against the provision and liable, in addition to the penalty
otherwise applicable to the further offence, to a penalty for each day during
which the act or omission continued after the conviction of not more than
one tenth of the maximum penalty prescribed for the offence.
(2) If an offence consists of an omission to do something that is required
to be done, the omission will be taken to continue for as long as the thing
required to be done remains undone after the end of the period for compliance
with the requirement.
82—Offences
by bodies corporate
If a body corporate commits an offence against this Act, any person with
management or control of the body corporate who failed to exercise due diligence
to prevent the contravention that is the subject of the offence also commits
that offence and is liable to the penalty for that offence applicable to an
individual.
It is a defence to a charge of an offence against this Act if the defendant
proves that the alleged offence was not committed intentionally and did not
result from any failure on the part of the defendant to take reasonable care to
avoid the commission of the offence.
84—Immunity
of persons engaged in administration of Act
(1) No personal
liability attaches to a person engaged in the administration of this Act for an
act or omission in good faith in the exercise or discharge, or purported
exercise or discharge, of official powers or functions.
(2) A liability that would, but for
subsection (1),
lie against a person, lies instead against the Crown.
A fine imposed for an offence against this Act must be paid to the
Board.
(1) A person engaged
or formerly engaged in the administration of this Act or the repealed Act must
not divulge or communicate personal information obtained (whether by that person
or otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration or enforcement of this or any
other Act; or
(d) to an authority responsible under the law of a place outside this
State for the registration or accreditation of persons who provide education
services or early childhood services, where the information is required for the
proper administration of that law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1) for
a particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(4) The regulations may make further provision in respect of the
disclosure of information obtained in the course of the administration of this
Act.
(1) A notice or
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known residential, business or (in the case of a corporation) registered
address; or
(c) be left for the person at the person's last known residential,
business or (in the case of a corporation) registered address with someone
apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of
subsection (1), a
notice or other document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may, if the person is a company
or registered body within the meaning of the Corporations Act 2001 of the
Commonwealth, be served on the person in accordance with that Act.
(1) In proceedings for an offence against this Act or in disciplinary
proceedings under
Part 7, an
allegation in the complaint—
(a) that a school named in the complaint is or is not, or was or was not
on a specified date, registered on the schools register; or
(b) that the registration of a school named in the complaint is or is not,
or was or was not on a specified date, subject to specified conditions;
or
(c) that the registration of a school named in the complaint is or is not,
or was or was not on a specified date, endorsed with an approval to enrol full
fee paying overseas students; or
(d) that a person named in the complaint is, or was on a specified date,
the responsible authority for a specified school; or
(e) that a person named in the complaint is, or was on a specified date, a
member of the governing authority of a specified school; or
(f) that a person named in the complaint is, or was on a specified date,
an authorised officer,
must be accepted as proved in the absence of proof to the
contrary.
(2) In legal proceedings, a document apparently certified by a Registrar
to be a copy of a register under this Act, or a copy of a code of conduct
prepared or endorsed by the Board under this Act, must be accepted as such in
the absence of proof to the contrary.
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) Without limiting
subsection (1),
the regulations may—
(a) vary
Schedule 1;
(b) prescribe fees or charges for the purposes of this Act (including, to
avoid doubt, for the purposes of the Education and Care Services National Law
(South Australia)) and may provide for the payment, recovery, reduction or
waiver of such fees or charges;
(c) exempt classes of persons or activities from the application of this
Act or specified provisions of this Act, either unconditionally or subject to
specified conditions;
(d) prescribe penalties, not exceeding $10 000, for offences against
the regulations;
(e) modify the
operation of the Education and Care Services National Law and the
national regulations under the Education and Care Services National Law
(South Australia) as they apply in this jurisdiction (whether to a residual
early childhood service or otherwise);
(f) make provisions of
a saving or transitional nature consequent upon—
(i) the enactment of this Act; or
(ii) amendments to 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; or
(iii) amendments to the Education and Care Services National Law (South
Australia); or
(iv) variations to the national regulations under the Education and
Care Services National Law (South Australia).
(3) A provision of
a regulation contemplated by
subsection (2)(a),
(e) or
(f)
may, if the regulation so provides, take effect from the commencement of this
section or from a later day (but if a provision takes effect from a day earlier
than the day of the regulation's publication in the Gazette, the provision does
not operate to the disadvantage of a person by decreasing the person's rights or
imposing liabilities on the person).
(4) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed body, either as in force at the time the regulations are made or as
in force from time to time;
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister, the Board
or other specified person or body.
(5) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Modifications
to Education and Care Services National Law
(South Australia) for purposes of Part 3
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 15.
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);
(c) section 131;
(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 "prescribed in the national
regulations or"
(e) Section 112(c)—delete "prescribed minimum requirements for
qualifications, experience and management capability" and substitute:
the minimum requirements (if any) set out in the regulations for a
supervisor of a residual early childhood service
(f) Section 114(1)—delete "prescribed class of persons" and
substitute:
belonging to a class of persons prescribed by the regulations for the
purposes of this subsection
(g) Section 172(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)
(k) Section 268—delete "National Authority" wherever occurring
and substitute in each case:
Regulatory Authority
(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 2 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 2 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 16 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 2—Related
amendments, repeal and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Child Sex Offenders
Registration Act 2006
2—Amendment
of section 64—Interpretation
Section 64(1), definition of educational institutions for
children—delete "Government schools within the meaning of the
Education
Act 1972 and non-Government schools registered under Part 5 of
that Act" and substitute:
Government and non-Government schools within the meaning of the Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 3—Amendment of Children's Protection
Act 1993
3—Amendment
of section 31—Constitution of family care meeting
Section 31(d)(i)—delete "Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 4—Amendment of Children's Services
Act 1985
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of baby sitting
agency—delete the definition
(2) Section 3(1), definition of child—delete the
definition
(3) Section 3(1), definition of children's
services—delete the definition
(4) Section 3(1), definition of the
Committee—delete the definition
(5) Section 3(1), definition of family day care
agency—delete the definition
(6) Section 3(1), definition of guardian—delete
the definition
(7) Section 3(1), definition of parent—delete the
definition
(8) Section 3(1), definition of regional advisory
committee—delete the definition
(9) Section 3(1), definition of young
child—delete the definition
Sections 7 and 8—delete the sections
6—Repeal
of Part 2 Divisions 3 and 4
Part 2 Divisions 3 and 4—delete Divisions 3
and 4
7—Repeal
of Part 3 Divisions 1, 2 and 3
Part 3 Divisions 1, 2 and 3—delete Divisions 1, 2
and 3
Section 41—delete the section
9—Amendment
of section 42—Registration
Section 42(1) and (2)—delete subsections (1)
and (2) and substitute:
(1) Subject to this Act, the registration of a Children's Services Centre
in force immediately before the commencement of this subsection continues in
force.
10—Amendment
of section 46—Appeal against decisions of the
Director
(1) Section 46(1)(a)—delete paragraph (a)
(2) Section 46(1)(b)—delete "licence or"
11—Repeal
of Part 3 Division 6
Part 3 Division 6—delete Division 6
Section 49—delete the section
13—Repeal
of sections 54, 55 and 56
Sections 54, 55 and 56—delete sections 54, 55
and 56
14—Amendment
of section 57—Regulations
(1) Section 57(2)(e) and (f)—delete paragraphs (e)
and (f)
(2) Section 57(2)(d)—delete "licence,"
Part 5—Amendment of Criminal Law
Consolidation Act 1935
15—Amendment
of section 49—Unlawful sexual intercourse
Section 49(5a)(a)—delete "Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
16—Amendment
of section 50—Persistent sexual exploitation of a
child
Section 50(8)(a)—delete "Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
17—Amendment
of section 57—Consent no defence in certain cases
Section 57(4)(a)—delete "Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 6—Amendment of Education
Act 1972
18—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of Government
school—delete the definition and substitute:
Government school has the same meaning as in the Education
and Early Childhood Services (Registration and Standards)
Act 2011;
(2) Section 5(1), definition of non-Government
school—delete the definition and substitute:
non-Government school has the same meaning as in the Education
and Early Childhood Services (Registration and Standards)
Act 2011;
(3) Section 5(1), definition of recognised
kindergarten—delete the definition
(4) Section 5(1), definition of registered non-Government
school—delete the definition and substitute:
registered school means a school registered under the Education
and Early Childhood Services (Registration and Standards)
Act 2011;
(5) Section 5(1), definition of school—delete the
definition and substitute:
school has the same meaning as in the Education
and Early Childhood Services (Registration and Standards)
Act 2011;
Part 5—delete the Part
Part 7—Amendment of Intervention Orders
(Prevention of Abuse) Act 2009
20—Amendment
of section 3—Interpretation
Section 3(1), definition of relevant public sector
agency, (b)—delete "
Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 8—Amendment of Local Government
Act 1999
21—Amendment
of section 165—Rebate of rates—educational
purposes
Section 165(1)—delete "Part 5 of the Education
Act 1972" and substitute:
the Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 9—Amendment of SACE Board of South
Australia Act 1983
22—Amendment
of Schedule 1—Designated entities
Schedule 1 clause 1(a)—delete "Education
Act 1972" and substitute:
Education
and Early Childhood Services (Registration and Standards)
Act 2011
Part 10—Amendment of Sewerage
Act 1929
23—Amendment
of section 66—Government lands to be assessed
Section 66(1)—delete ''consisting of schoolhouses situated
within the drainage area which are used pursuant to the Education
Act 1972, as amended, or pursuant to any corresponding previous
enactment, as Government schools or public schools" and substitute:
within the drainage area used as Government schools (within the meaning of
the Education
and Early Childhood Services (Registration and Standards)
Act 2011)
Part 11—Amendment of Summary Offences
Act 1953
24—Amendment
of section 38A—Sale of books and educational matter
(1) Section 38A(1)—before "Education
Act 1972" insert:
Education
and Early Childhood Services (Registration and Standards) Act 2011
or the
(2) Section 38A(1)—delete "that Act" and substitute:
those Acts
Part 12—Amendment of Teachers Registration
and Standards Act 2004
25—Amendment
of section 3—Interpretation
(1) Section 3, definition of director—delete the
definition and substitute:
director, of a prescribed service, means the person
responsible for providing educational leadership in, and managing the day-to-day
operations of, the prescribed service;
(2) Section 3—after the definition of practising
teacher insert:
prescribed service means—
(a) a kindergarten registered as a Children's Services Centre under
Part 3 Division 4 of the Children's
Services Act 1985; or
(b) a pre-school education centre established by the Minister under the
Education
Act 1972; or
(c) an education and care service under the Education and Care Services
National Law (South Australia) consisting of or including pre-school
education; or
(d) any other service of a kind prescribed by the regulations for the
purposes of this definition;
(3) Section 3, definition of recognised
kindergarten—delete the definition
26—Amendment
of section 20—Requirement to be registered
Section 20—delete "recognised kindergarten" wherever occurring
and substitute in each case:
prescribed service
Part 13—Amendment of Technical and Further
Education Act 1975
27—Amendment
of section 5—Application of Act
Section 5(a)—delete "maintained by the Minister under the Education
Act 1972" and substitute:
(within the meaning of the Education
and Early Childhood Services (Registration and Standards)
Act 2011)
Part 14—Transitional
provisions
Division 1—Transitional provisions related to
Part 3 of Act
(residual early childhood services)
In this Division—
residual early childhood service has the same meaning as in
section 15 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 by—
(i) 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 48 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 48.
(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.
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.