South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"approved learning program" means a program that—
(a)
consists of secondary education provided under this Act; or
(b)
counts towards, or is otherwise required for, the award of a degree, diploma
or other award provided by a university declared by the regulations to be a
university or class of universities that is within the ambit of this paragraph
for the purposes of this Act; or
(c)
consists of technical and further education provided by TAFE SA; or
(d)
consists of an accredited course provided by a registered training
organisation (within the meaning of the South Australian Skills Act 2008
) or a law of the Commonwealth or another State or a Territory of the
Commonwealth relating to higher education, vocational education and training
and adult community education (other than a course or training organisation
excluded from the ambit of this definition by the regulations for the purposes
of this Act); or
(e) is
an apprenticeship or traineeship undertaken with a registered employer (within
the meaning of the South Australian Skills Act 2008 ) (and any relevant
work undertaken as part of the apprenticeship or traineeship will be taken to
form part of the program); or
(f) is a
program of a class declared by the Minister by notice in the Gazette to be an
approved learning program; or
(g)
complies with any other requirements set out in the regulations;
"authorised officer"—see section 126;
"Chief Executive" means the Chief Executive of the administrative unit of the
Public Service that is responsible for assisting a Minister in the
administration of this Act;
"child of compulsory education age" means a child who is 16 years of age;
"child of compulsory school age" means a child who is—
(a) of
or above—
(i)
if the regulations prescribe an age for the purposes of
this paragraph—that age; or
(ii)
if the regulations do not prescribe an age for the
purposes of this paragraph—6 years of age; and
(b) less
than 16 years of age;
"children's services" includes services of the following kinds (being services
provided to, or for the benefit of, children):
(a)
preschool education;
(b)
child care provided on a not for profit basis that is wholly or partly
Government-funded;
(c) any
other service of a kind prescribed by the regulations for the purposes of this
Act;
"children's services centre" means a children's services centre established
under this Act (being a place at which children's services are provided);
"Department" means the administrative unit of the Public Service that is
responsible for assisting a Minister in the administration of this Act;
"director", of a stand-alone preschool or children's services centre, means
the person for the time being designated by the Chief Executive as the
director of the stand-alone preschool or children's services centre (as the
case requires);
"governing authority", of a non-Government school, means the person, board,
committee or other authority by which the school is administered;
"governing council", of a stand-alone preschool or children's services centre,
means—
(a) in
the case of a children's services centre to which Part 4 Division 3
applies—the management committee of the children's services centre
continued as the governing council of the children's services centre or
stand-alone preschool (as the case requires) under section 26; and
(b) in
any other case—the governing council for the preschool or children's
services centre established under section 19;
"governing council", of a school, means the governing council for the school
established under section 34;
"Government preschool" means a school-based preschool or
stand-alone preschool;
"Government school" means a school established under this Act or a repealed
Act and includes (other than for the purposes of Part 5) a
special purpose school;
"head" of an approved learning program means—
(a) if
the learning program consists of secondary education—the principal of
the school at which the program is provided; or
(b) in
any other case—the person, or person of a class, prescribed by the
regulations for the purposes of this paragraph;
"local council" means a council constituted under the Local Government
Act 1999 ;
"merit", in relation to a selection process, means—
(a) the
extent to which each of the applicants has abilities, aptitude, skills,
qualifications, knowledge, experience (including community experience) and
personal qualities relevant to the carrying out of the duties in question; and
(b) if
relevant—
(i)
the manner in which each of the applicants carried out
any previous employment or occupational duties or functions; and
(ii)
the extent to which each of the applicants has potential
for development;
"model constitution" means a model constitution published under
section 10, as in force from time to time;
"non-Government school" means a school that is registered under the
Education and Early Childhood Services (Registration and Standards)
Act 2011 that is not a Government school;
"officer of the teaching service" or "officer" means a person appointed as an
officer of the teaching service under Part 9;
"parent", of a student or child, includes—
(b) a
guardian of the student or child; and
(c) a
person standing in loco parentis to the student or child;
"preschool" means a place at which education services are provided to children
who have not yet attained the compulsory school age (and
"preschool education" will be taken to have a corresponding meaning) but a
reference to a preschool, or to preschool education, will be taken not to
include a reference to the provision of primary education to such children at
a school;
"principal" of a school means—
(a) in
relation to a Government school—the person for the time being designated
by the Chief Executive as the principal of the school; or
(b) in
relation to a non-Government school—the person for the time being
designated by the governing authority of the school as the principal of the
school;
"promotional level", in relation to a position in the teaching service, means
a classification level for a position declared by the regulations to be a
promotional level for the purposes of this Act;
"public sector" has the same meaning as in the Public Sector Act 2009 ;
"public sector code of conduct" means the public sector code of conduct under
the Public Sector Act 2009 , as in force from time to time;
"reclassify" includes alter an entitlement of an officer of the
teaching service to an increment of remuneration;
"registered student exchange organisation" means a person or body registered
as a student exchange organisation under section 85;
"repealed Acts" means the Education Act 1972 and the
Education Act 1915 ;
"responsible for a child" or "responsible for a student —see
subsection (2);
"SAET" means the South Australian Employment Tribunal established under the
South Australian Employment Tribunal Act 2014 ;
"school" means a school at which primary or secondary education or both is, or
is to be, provided (whether or not preschool education is also provided at the
school);
"school-based preschool" means a preschool established under this Act as a
part of, and providing preschool education as a program of, a
Government school;
"special purpose school" means a special purpose school established under
Part 6;
"special school" means a Government school established for the benefit of a
particular class of children who require some special form of education,
treatment or care;
"stand-alone preschool" means a preschool established under this Act that is
not a school-based preschool;
"student", in relation to a school or approved learning program, means a
student enrolled at the school or in the approved learning program;
"teacher" means a person who gives, or is qualified to give, instruction in 1
or more of the following:
(a)
preschool education;
(b)
primary education;
(c)
secondary education;
"teaching service" means the teaching service constituted under Part 9
(and, for the purposes of this Act, a reference to the teaching service will
be taken to include a reference to the teaching service as constituted under
the repealed Acts);
"term employee" means an employee appointed for a specified term;
"working with children check" means a working with children check under the
Child Safety (Prohibited Persons) Act 2016 .
(2) For the purposes
of this Act, a person is responsible for a child or student if the person
is—
(a) a
parent of the child or student; or
(b) a
person of a class declared by the regulations to be included within the ambit
of this subsection for the purposes of this Act,
however, a person will be taken not to be responsible for a child or student
if the person's guardianship or custody of, or responsibility for, the child
or student is excluded under any Act or law.
(3) For the purposes
of this Act, a reference to a school, preschool or children's services centre
includes, unless the context requires otherwise, a reference to a campus or
site other than the principal site at which services are provided by the
school, preschool or children's services centre.
(4) For the purposes
of this Act, a reference to participation in an approved learning program
includes a reference to attending at the place or places at which the
approved learning program is conducted.
(5) For the purposes
of this Act, a reference to the effective service of an
officer of the teaching service is a reference to—
(a)
—
(i)
in the case of an officer to whom section 111
applies—the period (if any) of the officer's continuous service in the
teaching service determined in accordance with that section; or
(ii)
in any other case—the period (if any) of the
officer's continuous service in the teaching service; and
(b) any
other period that is, by determination of the Chief Executive, to be regarded
as forming the whole, or part, of the officer's effective service,
but does not include any period that is, by determination of the Chief
Executive, not to be regarded as a period of effective service.
(6) A reference in any
other Act to the "employing authority" under this Act or a repealed Act will
be taken to be a reference to the Chief Executive.