South Australian Numbered Acts South Australian Numbered Acts129—Materials and services charges for schools
(1) A school may impose materials and services charges in respect of each student enrolled in the school for the whole or part of a calendar year.
(2) The following provisions apply in relation to materials and services charges imposed, or proposed to be imposed, by a school under this section:
(a) a materials and services charge must relate to a course of instruction in primary or secondary education provided at the school in accordance with the curriculum determined by the Chief Executive for the purposes of this Act;
(b) the school must not impose a materials and services charge to recover the salaries or material costs of teachers, or the provision of school buildings or fittings;
(c) the school must not impose a materials and services charge in an amount exceeding the prescribed amount unless—
(i) all persons who, in the opinion of the governing council, would be liable for the materials and services charge have been given an opportunity to participate in a poll on the matter conducted in accordance with the regulations; and
(ii) a majority of the votes cast in the poll indicate support for the proposed materials and services charge; and
(iii) the Chief Executive has approved the proposed materials and services charge;
(d) the school may impose different materials and services charges according to the year level of a student, the course of instruction for which a student is enrolled or any other factor;
(e) materials and services charges may be imposed from time to time throughout the calender year;
(f) the principal of the school must, in accordance with any requirement set out in the regulations, disclose to the governing council of the school the bases on which materials and services charges are proposed to be fixed;
(g) the amount of any proposed materials and services charge must be approved by the governing council of the school before it can be imposed;
(h) a student, and each person who is responsible for the student, must be given written notice of a materials and services charge payable in respect of the student in accordance with the requirements set out in the regulations.
(3) A student must not be refused materials or services considered necessary for curricular activities that form part of the core of activities in which students are required to participate by reason of non-payment of a materials and services charge.
(4) Liability for a materials and services charge is to be determined as follows:
(a) in the case of a student who is not an adult—each person who is responsible for the student is jointly and severally liable for the charge;
(b) in the case of an adult student—
(i) if the student is a dependant of a person who is responsible for the student—the student and the person who is responsible for the student are jointly and severally liable for the charge; or
(ii) in any other case—the student is liable for the charge.
(5) Subject to the regulations, a materials and services charge is recoverable as a debt due to the governing council of the school.
(6) Subject to any directions of the Chief Executive, the principal of a school may wholly or partly waive, reduce or refund a materials and services charge, or allow a materials and services charge to be paid by instalments.
(7) The Chief Executive must, at the request of a governing council of a school, make services available (without cost) to the governing council for the recovery of outstanding materials and services charges.
(8) In this section—
"person who is responsible for the student" does not include a step-parent or a person standing in loco parentis to the student.
Division 2—Other fees and charges