South Australian Current Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
EDUCATION AND CHILDREN'S SERVICES ACT 2019
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Interpretation
4. Application of Act to non-Government schools
5. Interaction with other Acts
6. Minister may acquire land
PART 2--Objects and principles
7. Objects and principles
PART 3--Administration
8. Functions of Chief Executive
9. Administrative instructions
10. Model constitutions
11. Advisory committees
12. Delegation
13. Chief Executive may require information
14. Sharing of information between certain persons and bodies
15. Report
PART 4--Preschools and children's services centres
Division 1--School-based preschools
16. Minister may establish school-based preschools
17. Governing councils of school-based preschools
Division 2--Stand-alone preschools and children's services centres
18. Minister may establish stand-alone preschools and children's services centres
19. Governing councils of stand-alone preschools and children's services centres
20. Composition of governing councils of stand-alone preschools and children's services centres
21. Approval of constitutions by Minister
22. Amendment of constitutions
23. Functions and powers of governing councils
24. Limitations on powers of governing councils
Division 3--Continuation of children's services centres registered under Children's Services Act 1985
25. Application of Division
26. Continuation of registered children's services centres
26A. Minister may declare certain stand-alone preschools or children's services centres to have been established under Act
Division 4--Removal of members of governing councils etc
27. Minister may remove member of governing council
28. Minister may prohibit or limit performance of functions etc by governing council
Division 5--Closure of stand-alone preschools and children's services centres
29. Closure of stand-alone preschools and children's services centres
Division 6--Miscellaneous
30. Conflict of interest
31. Accounts may be audited
32. Corporal punishment prohibited
PART 5--Government schools
Division 1--Establishment of schools
33. Minister may establish schools
Division 2--Governing councils and affiliated committees
Subdivision 1--Governing councils and affiliated committees
34. Governing councils of schools
35. Composition of governing councils of schools
36. Affiliated committees
37. Conflict of interest
38. Accounts may be audited
Subdivision 2--Approval and amendment of constitutions
39. Approval of constitutions by Minister
40. Amendment of constitutions
Subdivision 3--Functions and powers of governing councils and affiliated committees
41. Functions and powers of governing councils and affiliated committees
42. Limitations on powers of governing councils and affiliated committees
Subdivision 4--Arrangements on closure or amalgamation of schools
43. Minister may make arrangements for governing councils etc on closure or amalgamation of school
Subdivision 5--Removal of members of governing councils and affiliated committees etc
44. Minister may remove member of governing council or affiliated committee
45. Minister may prohibit or limit performance of functions etc by governing council or affiliated committee
Subdivision 6--Governing Councils Legal Fund
46. Interpretation
47. Governing Councils Legal Fund
48. Payments from Fund
49. Accounts
50. Audit of Fund
Division 3--Amalgamation and closure of schools
51. Amalgamation of schools
52. Closure of schools
53. Review of schools in a particular area
54. Review committees
55. Minister to report to Parliament if recommendations of review committee not followed
PART 6--Special purpose schools
56. Minister may establish special purpose schools
56A. Minister may declare existing school to be special purpose school
57. Governing council and constitution
58. Closure of special purpose schools
59. Modification of operation of Act in relation to special purpose schools
PART 7--Provision of education in schools
Division 1--Enrolment
Subdivision 1--Compulsory enrolment in school or approved learning program
60. Children of compulsory school age must be enrolled in school
61. Children of compulsory education age must be enrolled in approved learning program
62. Chief Executive may direct that child be enrolled in particular school
63. Chief Executive may direct that child be enrolled in another school if improperly enrolled
Subdivision 2--Enrolment of adult students
64. Special provisions relating to enrolment of adult students
Subdivision 3--Information gathering
65. Certain information to be provided on enrolment
66. Chief Executive may require further information relating to child
67. Principal may require other principal to provide report in respect of specified child
Division 2--Attendance at school and participation in approved learning programs
Subdivision 1--Compulsory attendance at school and participation in approved learning program
68. Child of compulsory school age must attend school
69. Child of compulsory education age must participate in approved learning program
Subdivision 2--Family conferences
70. Purpose of family conferences
71. Chief Executive may convene family conference
72. Procedures at family conference
73. Chief Executive and principal etc to give effect to decisions of family conference
Subdivision 3--Limitations on employment of certain children of compulsory school age or compulsory education age
74. Employment of children of compulsory school age or compulsory education age
Subdivision 4--Reporting of persistent non-attendance or non-participation
75. Principal etc to report persistent non-attendance or non-participation
Division 3--Suspension, exclusion and expulsion of students
76. Suspension of students
77. Exclusion of students
78. Expulsion of certain students from particular school
79. Expulsion of certain students from all Government schools
80. Appeal against decision to exclude or expel student
81. Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student
Division 4--Religious and cultural activities
82. Religious and cultural activities
Division 5--Discipline
83. Corporal punishment prohibited
Division 6--Registration of student exchange programs
84. Interpretation
85. Registration of student exchange organisations
86. Annual registration fee
87. Guidelines
88. Board may give directions to registered student exchange organisation
89. Suspension and revocation of registration
89A. Delegation
PART 8--Protections for teachers, staff and students etc at schools, preschools and children's services centres
Division 1--Preliminary
90. Application of Part
Division 2--Offences
91. Offensive or threatening behaviour
92. Trespassing on premises
Division 3--Barring orders
93. Power to bar person from premises
94. Review of barring notice by Minister
Division 4--Power to restrain etc persons acting unlawfully on premises to which Part applies
95. Certain persons may restrain, remove from or refuse entry to premises
PART 9--The teaching service
Division 1--Preliminary
96. Interpretation
Division 2--Appointment to the teaching service
97. Appointment to the teaching service
98. Merit-based selection processes
99. Rate of remuneration for part-time employees
100. Special remuneration for attraction and retention of officers of the teaching service
101. Probation
Division 3--Duties, classification, promotion and transfer
102. Assignment of duties and transfer to non-teaching position within Department
103. Transfer within teaching service
104. Classification of officers and positions
105. Application to Chief Executive for reclassification
106. Appointment to promotional level positions
Division 4--Long service leave
107. Long service leave and retention entitlement
108. Taking leave
109. Payment in lieu of long service leave
110. Interruption of service where officer leaves teaching service
110A. Special provisions relating to interruption of service of certain term employees
111. Special provisions relating to certain temporary officers of the teaching service
112. Entitlement where officer transferred to other public sector employment
113. Entitlement of persons transferred to the teaching service
Division 5--Disciplinary action and management of unsatisfactory performance
114. Disciplinary action
115. Managing unsatisfactory performance
116. Reduction in remuneration level
117. Suspension
Division 6--Physical or mental incapacity of officers of the teaching service
118. Physical or mental incapacity of officers of the teaching service
Division 7--Resignation and termination
119. Resignation
120. Termination
PART 10--Other employment and staffing arrangements
121. Chief Executive may employ other persons for purposes of Act
122. Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part
123. Use of staff etc of administrative units of the Public Service
PART 11--Appeals
Division 1--Review by South Australian Employment Tribunal
124. Review by SAET of certain decisions and determinations
Division 2--Appeals to Administrative and Disciplinary Division of the District Court
125. Appeal against certain actions of Minister or Chief Executive
PART 12--Authorised officers
126. Authorised officers
127. Powers of authorised officers
128. Offence to hinder etc authorised officers
PART 13--Financial provisions
Division 1--Materials and services charges for schools
129. Materials and services charges for schools
Division 2--Other fees and charges
130. Charges for certain overseas and non-resident students etc
131. Certain other charges etc unaffected
Division 3--Recovery of amounts payable to the Commonwealth
132. Recovery of amounts payable to the Commonwealth
PART 14--Miscellaneous
133. Exemptions
134. Use of certain school premises etc for both school and community purposes
135. Proceedings for offences
136. Commencement of prosecution for offence against Act
137. Confidentiality
138. Protections, privileges and immunities
139. Evidentiary provisions
140. Service
141. Regulations
SCHEDULE 1--Transitional provisions etc
Legislative history
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback