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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Free Menstrual Hygiene Products Pilot
Program) Bill 2020
A BILL FOR
An Act to amend the
Education
Act 1972
and the
Education
and Children's Services Act 2019
.
Contents
Part 2—Amendment
of Education Act 1972
Part 3—Amendment
of Education and Children's Services Act 2019
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Free Menstrual Hygiene
Products Pilot Program) Act 2020.
(1) Subject to this
section, this Act comes into operation 6 months after the day on which it
is assented to by the Governor.
(2) If Schedule 1 clause 3 of the
Education
and Children's Services Act 2019
does not come into operation on or before the day on which this Act comes
into operation in accordance with
subsection (1)
,
Part 3
of this Act comes into operation immediately after the commencement of
Schedule 1 clause 3 of the
Education
and Children's Services Act 2019
.
(3) If
Schedule 1 clause 3 of the
Education
and Children's Services Act 2019
comes into operation on or before the day on which this Act comes into
operation in accordance with
subsection (1)
,
Part 2
of this Act is of no effect.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Education
Act 1972
After section 100 insert:
Part 9—Minister to establish pilot program for
provision of free menstrual hygiene products in Government
schools
100A—Minister to establish pilot program for
provision of free menstrual hygiene products in Government
schools
(1) The Minister must, in accordance with any requirements set out in the
regulations, establish a program (the free menstrual hygiene products
program) to trial the provision of free menstrual hygiene products to
students in Government schools.
(2) In establishing
the free menstrual hygiene products program, the Minister may—
(a) specify the duration of the program (being a period of not less than
6 months or until a report is provided under
section 100B
, whichever is the later); or
(b) specify a Government school, or class of Government schools, that is
to take part in the program; or
(c) impose a cap on the amount of money to be expended in relation to the
program; or
(d) approve a menstrual hygiene product, or class of menstrual hygiene
products, that are to be provided under the program; or
(e) specify the
ways in which menstrual hygiene products are to be provided to
students,
and may make any other determination in relation to the program as the
Minister thinks fit.
(3) Without otherwise limiting
subsection (2)(e)
, the program must include the provision of menstrual hygiene products by
means of dispensing machines.
(4) The Director-General must take such steps as may be reasonably
required to facilitate the free menstrual hygiene products program.
(5) Subject to the provisions of any other Act, the Minister may, in
relation to the free menstrual hygiene products program, enter into an
arrangement with a specified person or body in relation to the provision of
menstrual hygiene products under the program.
(6) The costs of providing prescribed menstrual hygiene products under
this section is to be met by the Crown.
(7) No civil
liability attaches to the Crown, the Minister, the Director-General or any other
person or body for an act or omission done in good faith and without negligence
in the discharge of a function or power under this section.
(8) Nothing in this section prevents a school from providing any other
menstrual hygiene products, or any other service related to menstrual hygiene,
as the school thinks fit.
100B—Commissioner for Children and Young People to
inquire into and report on free menstrual hygiene products
program
(1) The
Commissioner for Children and Young People must, no later than 6 months
after the commencement of the free menstrual hygiene products program, cause a
report to be prepared and provided to the Minister in relation to the
program.
(2) Without limiting
subsection (1)
, a report under that subsection may contain recommendations of the
Commissioner for Children and Young People relating to whether the program
should be made permanent (either with or without modification).
(3) The Minister must, within 6 sitting days after receiving a report
under
subsection (1)
cause a copy of the report to be laid before both Houses of
Parliament.
Part 3—Amendment
of Education and Children's Services
Act 2019
After section 132 insert:
Part 13A—Minister to establish pilot program for
provision of free menstrual hygiene products in Government
schools
132A—Application of Part
(1) This Part applies in relation to Government schools only.
(2) In the case where the Minister has, before the commencement of this
Part, established a free menstrual hygiene products program under Part 9 of
the
Education
Act 1972
(as enacted by the
Statutes
Amendment (Free Menstrual Hygiene Products Pilot Program)
Act 2020
), the Minister may continue the program as so established (with or without
modification) and, in such a case, the program as continued will be taken to be
a free menstrual hygiene products program established under this Part.
132B—Minister to establish pilot program for
provision of free menstrual hygiene products in Government
schools
(1) The Minister must, in accordance with any requirements set out in the
regulations, establish a program (the free menstrual hygiene products
program) to trial the provision of free menstrual hygiene products to
students in Government schools.
(2) In establishing
the free menstrual hygiene products program, the Minister may—
(a) specify the duration of the program (being a period of not less than
6 months or until a report is provided under
section 132C
, whichever is the later); or
(b) specify a Government school, or class of Government schools, that is
to take part in the program; or
(c) impose a cap on the amount of money to be expended in relation to the
program; or
(d) approve a menstrual hygiene product, or class of menstrual hygiene
products, that are to be provided under the program; or
(e) specify the
ways in which menstrual hygiene products are to be provided to
students,
and may make any other determination in relation to the program as the
Minister thinks fit.
(3) Without otherwise limiting
subsection (2)(e)
, the program must include the provision of menstrual hygiene products by
means of dispensing machines.
(4) The Chief Executive must take such steps as may be reasonably required
to facilitate the free menstrual hygiene products program.
(5) Subject to the provisions of any other Act, the Minister may, in
relation to the free menstrual hygiene products program, enter into an
arrangement with a specified person or body in relation to the provision of
menstrual hygiene products under the program.
(6) The costs of providing prescribed menstrual hygiene products under
this section is to be met by the Crown.
(7) No civil
liability attaches to the Crown, the Minister, the Chief Executive or any other
person or body for an act or omission done in good faith and without negligence
in the discharge of a function or power under this section.
(8) Nothing in this section prevents a school from providing any other
menstrual hygiene products, or any other service related to menstrual hygiene,
as the school thinks fit.
132C—Commissioner for Children and Young People to
inquire into and report on free menstrual hygiene products
program
(1) The
Commissioner for Children and Young People must, no later than 6 months
after the commencement of the free menstrual hygiene products program, cause a
report to be prepared and provided to the Minister in relation to the
program.
(2) Without limiting
subsection (1)
, a report under that subsection may contain recommendations of the
Commissioner for Children and Young People relating to whether the program
should be made permanent (either with or without modification).
(3) The Minister must, within 6 sitting days after receiving a report
under
subsection (1)
cause a copy of the report to be laid before both Houses of
Parliament.
(4) However, the Commissioner for Children and Young People need not
provide a report under this section if the Commissioner has provided a report
under section 100B of the
Education
Act 1972
(as enacted by the
Statutes
Amendment (Free Menstrual Hygiene Products Pilot Program)
Act 2020
).