South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) - SECT 53

53—Review of schools in a particular area

        (1)         The Minister may cause a review to be conducted under this section for the purposes of—

            (a)         considering all of the schools within an area determined by the Minister (the "review area"); and

            (b)         addressing the question of whether all of those schools continue to be required and, if not, whether 1 or more schools should be amalgamated or closed (as the case requires).

        (2)         The following provisions apply to a review under this section:

            (a)         the Minister must give written notice of the review to—

                  (i)         the principal; and

                  (ii)         the presiding member of the governing council,

of each school to which the review relates;

            (b)         the Minister must, within 21 days of giving notice under paragraph (a)

—

                  (i)         establish a review committee under section 54

to conduct the review (the "review committee"); and

                  (ii)         provide the review committee with the Minister's reasons for requiring the review;

            (c)         the review must be conducted by the review committee;

            (d)         the review committee must, in accordance with a scheme determined by the Minister—

                  (i)         call for public submissions on—

                        (A)         the present and future use of schools within the review area; and

                        (B)         the likely effect on schools outside the review area in the event of the amalgamation or closure (as the case requires) of a school or schools within the review area; and

                  (ii)         call for submissions from or meet with—

                        (A)         the governing council; and

                        (B)         teachers; and

                        (C)         a majority of the persons who are responsible for students; and

                        (D)         any other school staff,

of each school within the review area;

            (e)         the review committee must, in the course of the review, have regard to—

                  (i)         the educational, social and economic needs of the local communities within the review area and those of the State as a whole; and

                  (ii)         any other matter specified by the Minister,

and may have regard to any other matter the review committee considers relevant;

            (f)         the review must comply with any other requirement set out in the regulations.

        (3)         A review committee must, no later than the date specified by the Minister (being not less than 3 months after the date on which the committee was established), submit to the Minister a written report setting out—

            (a)         the findings of the review committee in respect of the review; and

            (b)         the recommendations of the review committee in respect of the amalgamation or closure of any school within the review area (including, to avoid doubt, a recommendation that a school not be amalgamated or closed).

        (4)         If a review committee has not provided a written report under subsection (3)

within the period specified by the Minister, the review committee will be taken to have recommended that any amalgamation or closure (as the case requires) to which the review relates occur.