EDUCATION AND CHILDREN'S SERVICES ACT 2019
Table of Provisions
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
PART 5--Government schools
Division 1--Establishment of 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
Division 3--Barring orders
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
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
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
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