South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"adult" means a person who has attained 18 years of age;
"affiliated committee"—see section 86;
"the Appeal Board" means the Teachers Appeal Board constituted under this Act;
"child of compulsory education age" means a person who is 16 years of
age;
"child of compulsory school age" means a child of or above the age of 6 years
but under the age of 16 years;
"classify" includes reclassify;
"correspondence school" means a correspondence school established under this
Act;
"the Department" means the Education Department;
"the Director-General" means the person for the time being holding, or acting
in, the office of Director-General of Education under this Act;
"employing authority" means—
(a)
unless paragraph (b) applies—the Director-General; or
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
"governing authority" in relation to a non-Government school or proposed
non-Government school, means the person, board, committee or other authority
by which the school is or will be administered;
"governing council" means a school council that is, under its constitution,
jointly responsible with the head teacher of the school for the governance of
the school;
"Government school" means a school established under this Act, or
the repealed Act, for the purpose of providing courses of instruction in
pre-school, primary or secondary education;
"head teacher" means—
(a) in
relation to a Government school—the person for the time being designated
by the Director-General as the head teacher of the school;
(b) in
relation to a non-Government school—the person for the time being
designated by the governing authority as the head teacher of the school;
"the Institute of Teachers" means the South Australian Institute of Teachers
Incorporated;
"the Minister" means the Minister of Education or any other Minister of the
Crown for the time being exercising and discharging the functions and
responsibilities of the Minister of Education;
"non-Government school" means any school or institution (not being a
Government school) at which any person or body of persons provides, or offers
to provide, courses of instruction in primary or secondary education;
"officer" in relation to the teaching service means a teacher holding office
in the teaching service;
"parent" of a child includes—
(a) a
person who has legal custody or guardianship of the child; and
(b) a
person standing in loco parentis in relation to the child,
but does not include a parent of the child where another parent or person has
legal custody or guardianship of the child to the exclusion of that parent;
"pre-school education" means the provision of courses of training and
instruction to children who have not yet attained the age of five years;
"promotional level" in relation to a position in the teaching service means a
classification level for a position declared by regulation to be a
promotional level;
"reclassify" includes alter an officer's entitlement to an increment of
remuneration;
"recognised kindergarten" means—
(a) any
kindergarten registered as a children's services centre under the
Children's Services Act 1985 ; or
(b) any
other prescribed kindergarten;
"registered non-Government school" means a non-Government school registered
under Part 5;
"the repealed Act" means the Education Act 1915 repealed by this Act;
"residence" means any form of accommodation provided by the Minister for an
officer of the teaching service or any other person;
"school" means any Government or non-Government school;
"special school" means a school established for the benefit of a particular
class of children who require some special form of education, treatment or
care;
"teacher" means a person who gives or is qualified to give instruction in any
course of—
(a)
pre-school education; or
(b)
primary education; or
(c)
secondary education;
"the teaching service" means the teaching service constituted under Part 3,
and includes the teaching service as constituted under the repealed Act;
"technical education" includes instruction in the principles and practice of
any industrial, commercial, agricultural or domestic science or art.
(2) A reference in
this Act to the effective service of an officer is a reference to—
(a) the
period (if any) of the officer's continuous service in the teaching service;
and
(b) any
other period that is, by determination of the Minister, to be regarded as
forming the whole, or part, of the officer's effective service,
but does not include any period that is, by determination of the Minister, not
to be regarded as a period of effective service for the purposes of this Act.
(3) The Minister may,
by instrument in writing, determine in relation to any specified officers, or
officers of any specified class, that a period referred to in the instrument
is, or is not, to be regarded as a period of effective service for the
purposes of this Act.
(4) The Governor may,
from time to time as the Governor thinks fit, vary or revoke a proclamation
made for the purposes of the definition of
"employing authority", or make a new proclamation for the purposes of that
definition.
(5) If—
(a)
the Director-General is the employing authority under this Act; and
(b) a
provision of this Act—
(i)
requires that a matter be referred to the
employing authority by the Director-General; or
(ii)
provides that the Director-General will make a
recommendation to the employing authority,
the provision will be taken to allow for the Director-General, in his or her
capacity as the employing authority, to take action without an actual referral
or recommendation.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.