South Australian Current Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Application of Act to non-Government schools
   5.      Interaction with other Acts
   6.      Minister may acquire land

   PART 2--Objects and principles

   7.      Objects and principles

   PART 3--Administration

   8.      Functions of Chief Executive
   9.      Administrative instructions
   10.     Model constitutions
   11.     Advisory committees
   12.     Delegation
   13.     Chief Executive may require information
   14.     Sharing of information between certain persons and bodies
   15.     Report

   PART 4--Preschools and children's services centres

           Division 1--School-based preschools

   16.     Minister may establish school-based preschools
   17.     Governing councils of school-based preschools

           Division 2--Stand-alone preschools and children's services centres

   18.     Minister may establish stand-alone preschools and children's services centres
   19.     Governing councils of stand-alone preschools and children's services centres
   20.     Composition of governing councils of stand-alone preschools and children's services centres
   21.     Approval of constitutions by Minister
   22.     Amendment of constitutions
   23.     Functions and powers of governing councils
   24.     Limitations on powers of governing councils

           Division 3--Continuation of children's services centres registered under Children's Services Act 1985

   25.     Application of Division
   26.     Continuation of registered children's services centres
   26A.    Minister may declare certain stand-alone preschools or children's services centres to have been established under Act

           Division 4--Removal of members of governing councils etc

   27.     Minister may remove member of governing council
   28.     Minister may prohibit or limit performance of functions etc by governing council

           Division 5--Closure of stand-alone preschools and children's services centres

   29.     Closure of stand-alone preschools and children's services centres

           Division 6--Miscellaneous

   30.     Conflict of interest
   31.     Accounts may be audited
   32.     Corporal punishment prohibited

   PART 5--Government schools

           Division 1--Establishment of schools

   33.     Minister may establish schools

           Division 2--Governing councils and affiliated committees

              Subdivision 1--Governing councils and affiliated committees

   34.     Governing councils of schools
   35.     Composition of governing councils of schools
   36.     Affiliated committees
   37.     Conflict of interest
   38.     Accounts may be audited

              Subdivision 2--Approval and amendment of constitutions

   39.     Approval of constitutions by Minister
   40.     Amendment of constitutions

              Subdivision 3--Functions and powers of governing councils and affiliated committees

   41.     Functions and powers of governing councils and affiliated committees
   42.     Limitations on powers of governing councils and affiliated committees

              Subdivision 4--Arrangements on closure or amalgamation of schools

   43.     Minister may make arrangements for governing councils etc on closure or amalgamation of school

              Subdivision 5--Removal of members of governing councils and affiliated committees etc

   44.     Minister may remove member of governing council or affiliated committee
   45.     Minister may prohibit or limit performance of functions etc by governing council or affiliated committee

              Subdivision 6--Governing Councils Legal Fund

   46.     Interpretation
   47.     Governing Councils Legal Fund
   48.     Payments from Fund
   49.     Accounts
   50.     Audit of Fund

           Division 3--Amalgamation and closure of schools

   51.     Amalgamation of schools
   52.     Closure of schools
   53.     Review of schools in a particular area
   54.     Review committees
   55.     Minister to report to Parliament if recommendations of review committee not followed

   PART 6--Special purpose schools

   56.     Minister may establish special purpose schools
   56A.    Minister may declare existing school to be special purpose school
   57.     Governing council and constitution
   58.     Closure of special purpose schools
   59.     Modification of operation of Act in relation to special purpose schools

   PART 7--Provision of education in schools

           Division 1--Enrolment

              Subdivision 1--Compulsory enrolment in school or approved learning program

   60.     Children of compulsory school age must be enrolled in school
   61.     Children of compulsory education age must be enrolled in approved learning program
   62.     Chief Executive may direct that child be enrolled in particular school
   63.     Chief Executive may direct that child be enrolled in another school if improperly enrolled

              Subdivision 2--Enrolment of adult students

   64.     Special provisions relating to enrolment of adult students

              Subdivision 3--Information gathering

   65.     Certain information to be provided on enrolment
   66.     Chief Executive may require further information relating to child
   67.     Principal may require other principal to provide report in respect of specified child

           Division 2--Attendance at school and participation in approved learning programs

              Subdivision 1--Compulsory attendance at school and participation in approved learning program

   68.     Child of compulsory school age must attend school
   69.     Child of compulsory education age must participate in approved learning program

              Subdivision 2--Family conferences

   70.     Purpose of family conferences
   71.     Chief Executive may convene family conference
   72.     Procedures at family conference
   73.     Chief Executive and principal etc to give effect to decisions of family conference

              Subdivision 3--Limitations on employment of certain children of compulsory school age or compulsory education age

   74.     Employment of children of compulsory school age or compulsory education age

              Subdivision 4--Reporting of persistent non-attendance or non-participation

   75.     Principal etc to report persistent non-attendance or non-participation

           Division 3--Suspension, exclusion and expulsion of students

   76.     Suspension of students
   77.     Exclusion of students
   78.     Expulsion of certain students from particular school
   79.     Expulsion of certain students from all Government schools
   80.     Appeal against decision to exclude or expel student
   81.     Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student

           Division 4--Religious and cultural activities

   82.     Religious and cultural activities

           Division 5--Discipline

   83.     Corporal punishment prohibited

           Division 6--Registration of student exchange programs

   84.     Interpretation
   85.     Registration of student exchange organisations
   86.     Annual registration fee
   87.     Guidelines
   88.     Board may give directions to registered student exchange organisation
   89.     Suspension and revocation of registration
   89A.    Delegation

   PART 8--Protections for teachers, staff and students etc at schools, preschools and children's services centres

           Division 1--Preliminary

   90.     Application of Part

           Division 2--Offences

   91.     Offensive or threatening behaviour
   92.     Trespassing on premises

           Division 3--Barring orders

   93.     Power to bar person from premises
   94.     Review of barring notice by Minister

           Division 4--Power to restrain etc persons acting unlawfully on premises to which Part applies

   95.     Certain persons may restrain, remove from or refuse entry to premises

   PART 9--The teaching service

           Division 1--Preliminary

   96.     Interpretation

           Division 2--Appointment to the teaching service

   97.     Appointment to the teaching service
   98.     Merit-based selection processes
   99.     Rate of remuneration for part-time employees
   100.    Special remuneration for attraction and retention of officers of the teaching service
   101.    Probation

           Division 3--Duties, classification, promotion and transfer

   102.    Assignment of duties and transfer to non-teaching position within Department
   103.    Transfer within teaching service
   104.    Classification of officers and positions
   105.    Application to Chief Executive for reclassification
   106.    Appointment to promotional level positions

           Division 4--Long service leave

   107.    Long service leave and retention entitlement
   108.    Taking leave
   109.    Payment in lieu of long service leave
   110.    Interruption of service where officer leaves teaching service
   110A.   Special provisions relating to interruption of service of certain term employees
   111.    Special provisions relating to certain temporary officers of the teaching service
   112.    Entitlement where officer transferred to other public sector employment
   113.    Entitlement of persons transferred to the teaching service

           Division 5--Disciplinary action and management of unsatisfactory performance

   114.    Disciplinary action
   115.    Managing unsatisfactory performance
   116.    Reduction in remuneration level
   117.    Suspension

           Division 6--Physical or mental incapacity of officers of the teaching service

   118.    Physical or mental incapacity of officers of the teaching service

           Division 7--Resignation and termination

   119.    Resignation
   120.    Termination

   PART 10--Other employment and staffing arrangements

   121.    Chief Executive may employ other persons for purposes of Act
   122.    Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part
   123.    Use of staff etc of administrative units of the Public Service

   PART 11--Appeals

           Division 1--Review by South Australian Employment Tribunal

   124.    Review by SAET of certain decisions and determinations

           Division 2--Appeals to Administrative and Disciplinary Division of the District Court

   125.    Appeal against certain actions of Minister or Chief Executive

   PART 12--Authorised officers

   126.    Authorised officers
   127.    Powers of authorised officers
   128.    Offence to hinder etc authorised officers

   PART 13--Financial provisions

           Division 1--Materials and services charges for schools

   129.    Materials and services charges for schools

           Division 2--Other fees and charges

   130.    Charges for certain overseas and non-resident students etc
   131.    Certain other charges etc unaffected

           Division 3--Recovery of amounts payable to the Commonwealth

   132.    Recovery of amounts payable to the Commonwealth

   PART 14--Miscellaneous

   133.    Exemptions
   134.    Use of certain school premises etc for both school and community purposes
   135.    Proceedings for offences
   136.    Commencement of prosecution for offence against Act
   137.    Confidentiality
   138.    Protections, privileges and immunities
   139.    Evidentiary provisions
   140.    Service
   141.    Regulations
           SCHEDULE 1--Transitional provisions etc
           Legislative history