South Australian Numbered Acts

EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Early childhood services
   5.      Parts of Act not to apply in relation to certain services
   6.      Governing authority
   7.      Limitation of liability for volunteer members of governing authorities
   8.      Responsible authorities
   9.      Objects and principles

   PART 2--Adoption of Education and Care Services National Law

   10.     Application of Education and Care Services National Law
   11.     Amendments to law to maintain national consistency
   12.     Exclusion of legislation of this jurisdiction
   13.     Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
   14.     Penalty at end of provision
   15.     Tabling of annual report

   PART 3--Application of Education and Care Services National Law (South Australia) to residual early childhood services providers

   16.     Application of Education and Care Services National Law (South Australia) to residual early childhood services providers
   17.     Exemption from certain provisions of Education and Care Services National Law (South Australia)

   PART 4--Administration Division 1--The Minister

   18.     Functions of Minister
   19.     Ministerial directions
   20.     Power of delegation Division 2--The Education and Early Childhood Services Registration and Standards Board of South Australia Subdivision 1--The Board
   21.     Establishment of Board
   22.     Composition of Board
   23.     Conditions of membership
   24.     Casual vacancies
   25.     Allowances and expenses
   26.     Validity of acts Subdivision 2--Registrars and staff
   27.     Registrars of Board
   28.     Staff of Board Subdivision 3--Functions of Board
   29.     Functions of Board
   30.     Complaint made directly to Board to be referred to school
   31.     Committees
   32.     Power of delegation Subdivision 4--Board's procedures
   33.     Board's procedures
   34.     Conflict of interest etc under Public Sector (Honesty and Accountability) Act 1995
   35.     Powers of Board in relation to witnesses etc
   36.     Principles governing proceedings
   37.     Representation at proceedings before Board
   38.     Costs Subdivision 5--Financial matters, audit and annual report
   39.     Accounts and audit
   40.     Annual report

   PART 5--Registration of schools Division 1--Registers

   41.     Registers Division 2--Registration on schools register
   42.     Schools to be registered
   43.     Registration on schools register
   44.     Board may impose conditions on registration
   45.     Certificates of registration
   46.     Removal from schools register
   47.     Board may cancel registration if education services not provided
   48.     Reinstatement on schools register
   49.     Endorsement of registration with approval to enrol full fee paying overseas students
   50.     Removal of endorsement Division 3--Offences
   51.     Procurement of registration by fraud
   52.     Improper directions to another member of governing authority
   53.     Illegal holding out Division 4--Review of registration
   54.     Review of registration

   PART 6--Record keeping and information gathering Division 1--Records to be kept by registered schools

   55.     Interpretation
   56.     Records to be kept by registered schools Division 2--Information gathering
   57.     Board may require information

   PART 7--Disciplinary proceedings Division 1--Preliminary

   58.     Application of Part
   59.     Interpretation
   60.     Cause for disciplinary action Division 2--Constitution of Board for purpose of proceedings
   61.     Constitution of Board for purpose of proceedings Division 3--Proceedings before Board
   62.     Inquiries by Board as to matters constituting grounds for disciplinary action
   63.     Contravention etc of condition
   64.     Contravention of prohibition order
   65.     Register of prohibition orders
   66.     Variation or revocation of conditions imposed by Board
   67.     Further provisions as to proceedings before Board under this

   PART 8--Enforcement

   68.     Authorised officers
   69.     Powers of authorised officers
   70.     Offence to hinder etc authorised officers

   PART 9--Review and appeal Division 1--Internal review

   71.     Internal review of certain decisions of Board Division 2--Appeal
   72.     Right of appeal to District Court
   73.     Operation of order may be suspended
   74.     Variation or revocation of conditions imposed by District Court

   PART 10--Miscellaneous

   75.     Use of certain terms or descriptions prohibited
   76.     Exemptions
   77.     Statutory declarations
   78.     False or misleading statement
   79.     Victimisation
   80.     Self-incrimination
   81.     Punishment of conduct that constitutes offence
   82.     Continuing offence
   83.     Offences by bodies corporate
   84.     General defence
   85.     Immunity of persons engaged in administration of Act
   86.     Application of fines
   87.     Confidentiality
   88.     Service
   89.     Evidentiary provision
   90.     Regulations
           SCHEDULE 1--Education and Care Services National Law
           SCHEDULE 1--Miscellaneous provision relating to interpretation
           SCHEDULE 2--Powers of entry by search warrant
           SCHEDULE 2--Modifications to Education and Care Services National Law (South Australia) for purposes of
           SCHEDULE 3--Related amendments, repeal and transitional provisions