South Australian Current Acts South Australian Current Acts (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 68;
"Board" means the Education and Early Childhood Services Registration and
Standards Board of South Australia established under this Act;
"Catholic school"—see subsection (2);
"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 the Education and Children's Services Act 2019 ;
"child" means a person under the age of 18 years;
"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 27(1)(c);
"Education and Care Services National Law (South Australia) —see
section 10;
"Education and Care Services National Law text" means the Education and Care
Services National Law set out in Schedule 1 (as in force from time to time);
"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 49;
"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Education Act 1972 or the repealed Act (within the meaning of that Act);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 27(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 27(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;
"prohibited person" means a prohibited person under the
Child Safety (Prohibited Persons) Act 2016 ;
"registered", in relation to a school, means registered on the
schools register under Part 5;
"relevant Registrar" means—
(a) in
relation to matters involving 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 41(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);
"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 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 visa 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.