South Australian Numbered Acts

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EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   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 from schools, preschools and children's services centres
   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 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
   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 student
   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

   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 persons 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
   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--Repeals, related amendments, transitional provisions etc

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