South Australian Numbered Acts South Australian Numbered 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);
"child" means a person under the age of 18 years;
"Director-General" means the person for the time being holding, or acting in, the office of Director-General under the Education Act 1972 ;
"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"Government school" means a school established under the Education Act 1972 or the repealed Act (within the meaning of that Act);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;
"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).
(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 entry permit 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.