South Australian Numbered Acts South Australian Numbered ActsSchedule 3—Related amendments, repeal and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Child Sex Offenders Registration Act 2006
2—Amendment of section 64—Interpretation
Section 64(1), definition of educational institutions for children —delete "Government schools within the meaning of the Education Act 1972 and non-Government schools registered under Part 5 of that Act" and substitute:
Government and non-Government schools within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011
Part 3—Amendment of Children's Protection Act 1993
3—Amendment of section 31—Constitution of family care meeting
Section 31(d)(i)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
Part 4—Amendment of Children's Services Act 1985
4—Amendment of section 3—Interpretation
(1) Section 3(1), definition of baby sitting agency —delete the definition
(2) Section 3(1), definition of child —delete the definition
(3) Section 3(1), definition of children's services —delete the definition
(4) Section 3(1), definition of the Committee —delete the definition
(5) Section 3(1), definition of family day care agency —delete the definition
(6) Section 3(1), definition of guardian —delete the definition
(7) Section 3(1), definition of parent —delete the definition
(8) Section 3(1), definition of regional advisory committee —delete the definition
(9) Section 3(1), definition of young child —delete the definition
5—Repeal of sections 7 and 8
Sections 7 and 8—delete the sections
6—Repeal of Part 2 Divisions 3 and 4
Part 2 Divisions 3 and 4—delete Divisions 3 and 4
7—Repeal of Part 3 Divisions 1, 2 and 3
Part 3 Divisions 1, 2 and 3—delete Divisions 1, 2 and 3
8—Repeal of section 41
Section 41—delete the section
9—Amendment of section 42—Registration
Section 42(1) and (2)—delete subsections (1) and (2) and substitute:
(1) Subject to this Act, the registration of a Children's Services Centre in force immediately before the commencement of this subsection continues in force.
10—Amendment of section 46—Appeal against decisions of the Director
(1) Section 46(1)(a)—delete paragraph (a)
(2) Section 46(1)(b)—delete "licence or"
11—Repeal of Part 3 Division 6
Part 3 Division 6—delete Division 6
12—Repeal of section 49
Section 49—delete the section
13—Repeal of sections 54, 55 and 56
Sections 54, 55 and 56—delete sections 54, 55 and 56
14—Amendment of section 57—Regulations
(1) Section 57(2)(e) and (f)—delete paragraphs (e) and (f)
(2) Section 57(2)(d)—delete "licence,"
Part 5—Amendment of Criminal Law Consolidation Act 1935
15—Amendment of section 49—Unlawful sexual intercourse
Section 49(5a)(a)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
16—Amendment of section 50—Persistent sexual exploitation of a child
Section 50(8)(a)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
17—Amendment of section 57—Consent no defence in certain cases
Section 57(4)(a)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
Part 6—Amendment of Education Act 1972
18—Amendment of section 5—Interpretation
(1) Section 5(1), definition of Government school —delete the definition and substitute:
Government school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011 ;
(2) Section 5(1), definition of non-Government school —delete the definition and substitute:
non-Government school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011 ;
(3) Section 5(1), definition of recognised kindergarten —delete the definition
(4) Section 5(1), definition of registered non-Government school —delete the definition and substitute:
registered school means a school registered under the Education and Early Childhood Services (Registration and Standards) Act 2011 ;
(5) Section 5(1), definition of school —delete the definition and substitute:
school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011 ;
Part 5—delete the Part
Part 7—Amendment of Intervention Orders (Prevention of Abuse) Act 2009
20—Amendment of section 3—Interpretation
Section 3(1), definition of relevant public sector agency , (b)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
Part 8—Amendment of Local Government Act 1999
21—Amendment of section 165—Rebate of rates—educational purposes
Section 165(1)—delete "Part 5 of the Education Act 1972 " and substitute:
the Education and Early Childhood Services (Registration and Standards) Act 2011
Part 9—Amendment of SACE Board of South Australia Act 1983
22—Amendment of Schedule 1—Designated entities
Schedule 1 clause 1(a)—delete " Education Act 1972 " and substitute:
Education and Early Childhood Services (Registration and Standards) Act 2011
Part 10—Amendment of Sewerage Act 1929
23—Amendment of section 66—Government lands to be assessed
Section 66(1)—delete ''consisting of schoolhouses situated within the drainage area which are used pursuant to the Education Act 1972 , as amended, or pursuant to any corresponding previous enactment, as Government schools or public schools" and substitute:
within the drainage area used as Government schools (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 )
Part 11—Amendment of Summary Offences Act 1953
24—Amendment of section 38A—Sale of books and educational matter
(1) Section 38A(1)—before " Education Act 1972 " insert:
Education and Early Childhood Services (Registration and Standards) Act 2011 or the
(2) Section 38A(1)—delete "that Act" and substitute:
those Acts
Part 12—Amendment of Teachers Registration and Standards Act 2004
25—Amendment of section 3—Interpretation
(1) Section 3, definition of director —delete the definition and substitute:
director , of a prescribed service, means the person responsible for providing educational leadership in, and managing the day-to-day operations of, the prescribed service;
(2) Section 3—after the definition of practising teacher insert:
prescribed service means—
(a) a kindergarten registered as a Children's Services Centre under Part 3 Division 4 of the Children's Services Act 1985 ; or
(b) a pre-school education centre established by the Minister under the Education Act 1972 ; or
(c) an education and care service under the Education and Care Services National Law (South Australia) consisting of or including pre-school education; or
(d) any other service of a kind prescribed by the regulations for the purposes of this definition;
(3) Section 3, definition of recognised kindergarten —delete the definition
26—Amendment of section 20—Requirement to be registered
Section 20—delete "recognised kindergarten" wherever occurring and substitute in each case:
prescribed service
Part 13—Amendment of Technical and Further Education Act 1975
27—Amendment of section 5—Application of Act
Section 5(a)—delete "maintained by the Minister under the Education Act 1972 " and substitute:
(within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 )
Part 14—Transitional provisions
Division 1—Transitional provisions related to Part 3 of Act (residual early childhood services)
In this Division—
residual early childhood service has the same meaning as in section 16 of this Act.
29—Certain persons etc taken to be approved providers
The following persons or bodies will be taken to be approved providers for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:
(a) the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 ;
(b) a person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985 ;
(c) a person or body who, immediately before the scheme commencement day, held a licence to carry on the business of a baby sitting agency under the Children's Services Act 1985 ;
(d) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia;
(e) a person or body who, immediately before the scheme commencement day, operated a pre-school education service on the premises of, or in relation to, a non-Government school registered under the Education Act 1972 ;
(f) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non-Government school registered under the Education Act 1972 ;
(g) any other person or body declared by the regulations to be included in the ambit of this clause.
30—Certain residual early childhood services taken to hold service approval
(1) The following residual early childhood services will be taken to hold a service approval for that service for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:
(a) a rural and mobile care service (however described) provided immediately before the scheme commencement day—
(i) by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 ; or
(ii) that was wholly or partly funded by the Commonwealth Government through its Budget Based Funding program;
(b) an occasional care service (however described) provided immediately before the scheme commencement day by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 ;
(c) an occasional care service (however described) provided immediately before the scheme commencement day pursuant to a licence under the Children's Services Act 1985 ;
(d) an in-home care service (however described) provided immediately before the scheme commencement day by, or on behalf of, a baby-sitting agency licensed under Part 3 Division 2 of the Children's Services Act 1985 ;
(e) any other service declared by the regulations to be included in the ambit of this clause.
(2) In this section, in-home care service , occasional care service and rural and mobile care service have the same meanings as in section 4 of this Act.
31—Certain persons taken to be certified supervisors
(1) The following persons will be taken to be certified supervisors for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:
(a) a natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998 , a manager of a child care centre;
(b) a person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998 ) in relation to a child care centre;
(c) an approved provider under the Education and Care Services National Law (South Australia) or under a corresponding law;
(d) a person who holds a supervisor certificate under the Education and Care Services National Law (South Australia) or under a corresponding law;
(e) a teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by clause 30;
(f) any other person, or class of person, declared by the regulations to be included within the ambit of this subsection.
(2) In this clause—
corresponding law means a law of another State or Territory that applies in that jurisdiction the Education and Care Services National Law , as in force from time to time, set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria.
32—Certain persons taken to be nominated supervisors
A person authorised in writing by the Minister for the purposes of this clause will be taken to be a nominated supervisor for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services.
Division 2—Transitional provisions related to Part 5 of Act (registration of schools)
33—Government schools taken to be registered under Part 5 Division 2 of Act
(1) Subject to this Act, each Government school at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act.
(2) Subject to this Act, the registration of each Government school will be taken to be endorsed under section 49 of this Act if that school was, immediately before the commencement of this clause, authorised by the Department (within the meaning of the Education Act 1972 ) to enrol full fee paying overseas students.
(3) Subject to this Act, the endorsement of registration of a Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the authorisation to enrol full fee paying overseas students immediately before the commencement of this clause.
34—Certain non-Government schools taken to be registered under Part 5 Division 2 of Act
(1) Subject to this Act, each non-Government school that was registered under Part 5 of the Education Act 1972 (as in force immediately before the commencement of this clause) and at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act.
(2) If the registration of a non-Government school was, immediately before the commencement of this clause, endorsed with an approval to enrol full fee paying overseas students under the Education Act 1972 , then the registration of the school pursuant to this clause will, subject to this Act, be taken to be endorsed under section 49.
(3) Subject to this Act, the registration, or endorsement of registration, of a non-Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the registration, or endorsement of registration, of the school under the Education Act 1972 immediately before the commencement of this clause.
An exemption under section 81A of the Education Act 1972 in force immediately before the commencement of this clause and relating to a provision of that Act repealed by Part 6 of this Schedule—
(a) will be taken to be an exemption under section 74 of this Act; and
(b) will continue in force according to its terms.