TECHNICAL AND FURTHER EDUCATION ACT 1975 - NOTES
TECHNICAL AND FURTHER EDUCATION ACT 1975 - NOTES
Notes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Formerly
Further Education Act 1975
Principal Act and amendments
New entries appear in bold.
Year |
No |
Title |
Assent |
Commencement |
1976 |
17 |
Further Education Act 1975 |
4.3.1976 |
29.4.1976 (Gazette 29.4.1976 p2218) except Pt 5—3.11.1977
(Gazette 3.11.1977 p1350) |
1979 |
13 |
Further Education Act Amendment Act 1979 |
8.3.1979 |
3.5.1979 (Gazette 3.5.1979 p1313) except Pt 2
(ss 3—7)—1.1.1978: s 2(2) |
1980 |
36 |
Further Education Act Amendment Act 1980 |
17.4.1980 |
17.4.1980 |
1983 |
94 |
Further Education Act Amendment Act 1983 |
15.12.1983 |
26.1.1984 (Gazette 26.1.1984 p175) |
1986 |
119 |
Tertiary Education Act 1986 |
18.12.1986 |
1.1.1987 (Gazette 18.12.1986 p1876) |
1987 |
62 |
Technical and Further Education Act Amendment
Act 1987 |
22.10.1987 |
1.1.1988 (Gazette 17.12.1987 p1851) |
1988 |
25 |
Technical and Further Education Act Amendment
Act 1988 |
21.4.1988 |
9.6.1988 (Gazette 9.6.1988 p1868) |
1990 |
48 |
Technical and Further Education Act Amendment
Act 1990 |
15.11.1990 |
10.1.1991 (Gazette 10.1.1991 p32) |
1991 |
34 |
Industrial Conciliation and Arbitration (Commonwealth Provisions)
Amendment Act 1991 |
24.4.1991 |
1.7.1991 (Gazette 27.6.1991 p2059) |
1992 |
7 |
Technical and Further Education (Miscellaneous) Amendment
Act 1992 |
2.4.1992 |
1.7.1992 (Gazette 18.6.1992 p1756) |
1993 |
75 |
Statutes Amendment (Abolition of Compulsory Retirement)
Act 1993 |
21.10.1993 |
1.1.1994: s 2 |
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 36)—3.2.1997 (Gazette 19.12.1996 p1923) |
1998 |
35 |
Technical and Further Education (Industrial Jurisdiction) Amendment
Act 1998 |
16.7.1998 |
16.7.1998 |
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 25 (ss 117—131)—1.4.2007 (Gazette 29.3.2007
p930) |
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 157 (ss 355 & 356)—1.2.2010 (Gazette 28.1.2010
p320) |
2010 |
22 |
Statutes Amendment (Budget 2010) Act 2010 |
18.11.2010 |
Pt 14 (ss 88 & 89)—1.7.2011: s 2(2) |
2011 |
46 |
Education and Early Childhood Services (Registration and Standards)
Act 2011 |
8.12.2011 |
Sch 3 (cl 27)—1.1.2012 (Gazette 15.12.2011
p4986) |
2016 |
63 |
Statutes Amendment (South Australian Employment Tribunal) Act
2016 as amended by 16/2017 |
8.12.2016 |
Pt 20 (ss 138—142)—1.7.2017 (Gazette 27.6.2017
p2622) |
2017 |
16 |
South Australian Employment Tribunal (Miscellaneous) Amendment Act
2017 |
23.5.2017 |
Sch 1 (cl 5)—27.6.2017; cl 3—1.7.2017
immediately after Pts 8 & 20 of 63/2016 (Gazette 27.6.2017
p2620) |
Provisions amended since 3 February
1976
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
Provision |
How varied |
Commencement |
Long title |
amended by 94/1983 s 3 |
26.1.1984 |
Pt 1 |
|
|
substituted by 94/1983 s 4 |
26.1.1984 |
|
s 2 |
deleted by 7/1992 Sch |
1.7.1992 |
s 3 |
amended by 94/1983 s 5 |
26.1.1984 |
|
deleted by 7/1992 Sch |
1.7.1992 |
|
|
|
1.1.1978 |
||
the Appeal Board |
amended by 7/1992 Sch |
1.7.1992 |
|
deleted by 63/2016 s 138(1) |
1.7.2017 |
inserted by 7/1992 s 3(a) |
1.7.1992 |
|
college of further education |
deleted by 94/1983 s 6(a) |
26.1.1984 |
college of technical and further education inserted by 94/1983
s 6(a) |
26.1.1984 |
|
|
college of technical and further education amended by 7/1992
s 3(b) |
1.7.1992 |
the Director-General |
amended by 94/1983 s 6(b) |
26.1.1984 |
|
deleted by 7/1992 s 3(c) |
1.7.1992 |
inserted by 7/1992 s 3(c) |
1.7.1992 |
|
the Department |
substituted by 94/1983 s 6(c) |
26.1.1984 |
|
amended by 7/1992 s 3(d) |
1.7.1992 |
|
deleted by 84/2009 s 355 |
1.2.2010 |
inserted by 84/2009 s 355 |
1.2.2010 |
|
employee |
inserted by 7/1992 s 3(e) |
1.7.1992 |
|
deleted by 41/2006 s 117(1) |
1.4.2007 |
inserted by 41/2006 s 117(1) |
1.4.2007 |
|
further education |
deleted by 94/1983 s 6(d) |
26.1.1984 |
amended by 48/1990 s 3 |
10.1.1991 |
|
inserted by 7/1992 s 3(f) |
1.7.1992 |
|
|
amended by 41/2006 s 117(2) |
1.4.2007 |
inserted by 63/2016 s 138(2) |
1.7.2017 |
|
the Teachers Salaries Board |
deleted by 34/1991 s 54(a) |
1.7.1991 |
inserted by 94/1983 s 6(e) |
26.1.1984 |
|
inserted by 13/1979 s 3 |
1.1.1978 |
|
|
amended by 62/1987 s 3 |
1.1.1988 |
|
amended by 7/1992 s 3(g) |
1.7.1992 |
|
amended by 41/2006 s 117(3) |
1.4.2007 |
inserted by 13/1979 s 3 |
1.1.1978 |
|
|
amended by 41/2006 s 117(4) |
1.4.2007 |
s 4(4) and (5) |
inserted by 41/2006 s 117(5) |
1.4.2007 |
amended by 13/1979 s 8 |
3.5.1979 |
|
|
amended by 94/1983 s 7 |
26.1.1984 |
|
amended by 7/1992 s 4, Sch |
1.7.1992 |
|
amended by 46/2011 Sch 3 cl 27 |
1.1.2012 |
Pt 2 |
|
|
|
|
|
amended by 7/1992 s 5(a), Sch |
1.7.1992 |
|
amended by 13/1979 s 9 |
3.5.1979 |
|
|
amended by 94/1983 s 8 |
26.1.1984 |
|
deleted by 7/1992 s 5(b) |
1.7.1992 |
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 48/1990 s 4 |
10.1.1991 |
|
|
substituted by 7/1992 s 6 |
1.7.1992 |
amended by 41/2006 s 118(1), (2) |
1.4.2007 |
|
inserted by 41/2006 s 118(3) |
1.4.2007 |
|
|
|
|
amended by 94/1983 s 9(a) |
26.1.1984 |
|
|
amended by 7/1992 s 7(a), Sch |
1.7.1992 |
amended by 94/1983 s 9(a) |
26.1.1984 |
|
|
amended by 7/1992 s 7(b), (c), Sch |
1.7.1992 |
amended by 94/1983 s 9(b) |
26.1.1984 |
|
|
amended by 7/1992 s 7(d), Sch |
1.7.1992 |
amended by 94/1983 s 9(a) |
26.1.1984 |
|
|
amended by 7/1992 s 7(e), Sch |
1.7.1992 |
amended by 94/1983 s 9(a) |
26.1.1984 |
|
|
substituted by 7/1992 s 7(f) |
1.7.1992 |
substituted by 7/1992 s 7(f) |
1.7.1992 |
|
|
deleted by 41/2006 s 119 |
1.4.2007 |
amended by 7/1992 Sch |
1.7.1992 |
|
s 9(8) and (9) |
inserted by 7/1992 s 7(g) |
1.7.1992 |
s 10 |
substituted by 94/1983 s 10 |
26.1.1984 |
|
deleted by 119/1986 Sch 1 |
1.1.1987 |
inserted by 94/1983 s 10 |
26.1.1984 |
|
s 10A(1) and (2) |
amended by 7/1992 Sch |
1.7.1992 |
substituted by 7/1992 s 8 |
1.7.1992 |
|
amended by 7/1992 Sch |
1.7.1992 |
|
s 11 |
amended by 94/1983 s 11 |
26.1.1984 |
|
deleted by 7/1992 s 9 |
1.7.1992 |
substituted by 7/1992 s 9 |
1.7.1992 |
|
amended by 48/1990 s 5 |
10.1.1991 |
|
|
substituted by 7/1992 s 9 |
1.7.1992 |
amended by 41/2006 s 120(1) |
1.4.2007 |
|
|
amended by 84/2009 s 356 |
1.2.2010 |
inserted by 41/2006 s 120(2) |
1.4.2007 |
|
substituted by 7/1992 s 9 |
1.7.1992 |
|
Pt 3 |
heading substituted by 7/1992 s 10 |
1.7.1992 |
Pt 3 Div 1 |
heading substituted by 7/1992 s 10 |
1.7.1992 |
|
|
|
amended by 7/1992 s 11(a), Sch |
1.7.1992 |
|
|
substituted by 41/2006 s 121(1) |
1.4.2007 |
s 15(2) and (3) |
substituted by 7/1992 s 11(b) |
1.7.1992 |
amended by 13/1979 s 10 |
3.5.1979 |
|
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 41/2006 s 121(2) |
1.4.2007 |
amended by 36/1980 s 2(a) |
17.4.1980 |
|
|
amended by 7/1992 s 11(c) |
1.7.1992 |
amended by 36/1980 s 2(b) |
17.4.1980 |
|
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 41/2006 s 121(3) |
1.4.2007 |
deleted by 34/1991 s 54(b) |
1.7.1991 |
|
|
inserted by 41/2006 s 121(4) |
1.4.2007 |
Pt 3 Div 2 |
heading substituted by 7/1992 s 12 |
1.7.1992 |
inserted by 7/1992 s 13 |
1.7.1992 |
|
s 15A amended and redesignated as s 15A(1) by 41/2006
s 122(1), (2) |
1.4.2007 |
|
inserted by 41/2006 s 122(2) |
1.4.2007 |
|
|
|
|
amended by 7/1992 s 14(a), (b), Sch |
1.7.1992 |
|
|
amended by 41/2006 s 123(1), (2) |
1.4.2007 |
amended by 7/1992 Sch |
1.7.1992 |
|
deleted by 7/1992 s 14(c) |
1.7.1992 |
|
|
inserted by 41/2006 s 123(3) |
1.4.2007 |
deleted by 7/1992 s 14(c) |
1.7.1992 |
|
substituted by 48/1990 s 6 |
10.1.1991 |
|
amended by 7/1992 s 15(a)—(d) |
1.7.1992 |
|
|
amended by 41/2006 s 124(1), (2) |
1.4.2007 |
amended by 7/1992 s 15(e) |
1.7.1992 |
|
amended by 7/1992 s 15(f) |
1.7.1992 |
|
substituted by 41/2006 s 124(3) |
1.4.2007 |
|
amended by 7/1992 s 15(g) |
1.7.1992 |
|
|
amended by 41/2006 s 124(4) |
1.4.2007 |
s 17(6) and (7) |
deleted by 7/1992 s 15(h) |
1.7.1992 |
s 17A |
inserted by 7/1992 s 16 |
1.7.1992 |
|
deleted by 63/2016 s 139 |
1.7.2017 |
deleted by 13/1979 s 4 |
1.1.1978 |
|
inserted by 63/2016 s 139 |
1.7.2017 |
|
inserted by 63/2016 s 139 |
1.7.2017 |
|
amended by 16/2017 Sch 1 cl 3 |
1.7.2017 |
|
Pt 3 Div 3 |
|
|
amended by 13/1979 s 5 |
1.1.1978 |
|
|
substituted 62/1987 s 4 |
1.1.1988 |
amended by 22/2010 s 88 |
1.7.2011 |
|
|
(c) deleted by 22/2010 s 88 |
1.7.2011 |
substituted by 13/1979 s 6 |
1.1.1978 |
|
|
substituted by 62/1987 s 4 |
1.1.1988 |
amended by 7/1992 s 17(a) |
1.7.1992 |
|
amended by 7/1992 s 17(b) |
1.7.1992 |
|
amended by 7/1992 s 17(c) |
1.7.1992 |
|
amended by 7/1992 s 17(d) |
1.7.1992 |
|
amended by 13/1979 s 7 |
1.1.1978 |
|
|
substituted by 62/1987 s 4 |
1.1.1988 |
amended by 7/1992 s 18 |
1.7.1992 |
|
amended by 41/2006 s 125(1), (2) |
1.4.2007 |
|
amended by 41/2006 s 125(3) |
1.4.2007 |
|
substituted by 7/1992 s 19 |
1.7.1992 |
|
amended by 41/2006 s 126(1) |
1.4.2007 |
|
amended by 41/2006 s 126(2) |
1.4.2007 |
|
substituted by 7/1992 s 19 |
1.7.1992 |
|
amended by 41/2006 s 127 |
1.4.2007 |
|
substituted by 7/1992 s 19 |
1.7.1992 |
|
Pt 3 Div 4 |
|
|
|
|
|
substituted by 36/1980 s 3 |
17.4.1980 |
|
|
amended by 7/1992 s 20(a), Sch |
1.7.1992 |
|
amended by 75/1993 s 28 |
1.1.1994 |
inserted by 36/1980 s 3 |
17.4.1980 |
|
|
deleted by 7/1992 s 20(b) |
1.7.1992 |
deleted by 7/1992 s 20(b) |
1.7.1992 |
|
Pt 3 Div 5 |
|
|
|
|
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 13/1979 s 11 |
3.5.1979 |
|
|
amended by 7/1992 s 21(a), (b), Sch |
1.7.1992 |
|
amended by 41/2006 s 128(1) |
1.4.2007 |
amended by 7/1992 s 21(c) |
1.7.1992 |
|
|
amended by 41/2006 s 128(2) |
1.4.2007 |
amended by 7/1992 Sch |
1.7.1992 |
|
|
amended by 41/2006 s 128(3) |
1.4.2007 |
|
amended by 63/2016 s 140(1) |
1.7.2017 |
amended by 7/1992 s 21(d) |
1.7.1992 |
|
|
substituted by 63/2016 s 140(2) |
1.7.2017 |
|
|
|
amended by 7/1992 s 22, Sch |
1.7.1992 |
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 7/1992 Sch |
1.7.1992 |
|
|
amended by 41/2006 s 129 |
1.4.2007 |
amended by 7/1992 Sch |
1.7.1992 |
|
Pt 4 |
|
|
|
|
|
amended by 94/1983 s 12 |
26.1.1984 |
|
|
amended by 7/1992 s 23(a) |
1.7.1992 |
amended by 94/1983 s 12 |
26.1.1984 |
|
|
amended by 7/1992 s 23(b) |
1.7.1992 |
s 28(3) and (4) |
substituted by 25/1988 s 3 |
9.6.1988 |
inserted by 25/1988 s 3 |
9.6.1988 |
|
|
|
|
substituted by 7/1992 s 24 |
1.7.1992 |
|
amended by 7/1992 Sch |
1.7.1992 |
|
substituted by 7/1992 s 25 |
1.7.1992 |
|
|
|
|
amended by 7/1992 s 26(a), Sch |
1.7.1992 |
|
amended by 7/1992 s 26(b), (c), Sch |
1.7.1992 |
|
inserted by 7/1992 s 27 |
1.7.1992 |
|
|
|
|
amended by 7/1992 Sch |
1.7.1992 |
|
Pt 5 |
3.5.1979 |
|
|
amended by 36/1980 s 4 |
17.4.1980 |
|
26.1.1984 |
|
|
deleted by 7/1992 s 28 |
1.7.1992 |
Pt 6 |
|
|
inserted by 35/1998 s 2 |
16.7.1998 |
|
|
amended by 41/2006 s 130 |
1.4.2007 |
inserted by 41/2006 s 131 |
1.4.2007 |
|
inserted by 7/1992 s 29 |
1.7.1992 |
|
substituted by 7/1992 s 29 |
1.7.1992 |
|
inserted by 7/1992 s 29 |
1.7.1992 |
|
|
|
|
substituted by 7/1992 Sch |
1.7.1992 |
|
s 41(2) and (3) |
amended by 7/1992 Sch |
1.7.1992 |
s 42 |
deleted by 7/1992 s 30 |
1.7.1992 |
|
|
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 13/1979 s 14 |
3.5.1979 |
|
|
amended by 36/1980 s 4 |
17.4.1980 |
|
amended by 94/1983 s 16 |
26.1.1984 |
|
amended by 7/1992 s 31(a)—(p), Sch |
1.7.1992 |
|
(i) deleted by 7/1992 s 31(k) |
1.7.1992 |
|
(m) deleted by 7/1992 s 31(p) |
1.7.1992 |
|
amended by 34/1996 s 4 (Sch cl 36) |
3.2.1997 |
|
amended by 63/2016 s 141(1), (2) |
1.7.2017 |
inserted by 7/1992 s 31(q) |
1.7.1992 |
|
amended by 7/1992 Sch |
1.7.1992 |
|
amended by 7/1992 s 31(r) |
1.7.1992 |
|
|
substituted by 34/1996 s 4 (Sch cl 36) |
3.2.1997 |
Sch |
inserted by 7/1992 s 32 |
1.7.1992 |
Transitional etc provisions associated with Act or
amendments
Industrial Conciliation and Arbitration (Commonwealth
Provisions) Amendment Act 1991, s 55—Transitional
provisions
(11) The following provisions apply in relation to the amendment of the
Education Act 1972 and the Technical and Further Education
Act 1976:
(a) an award of the Teachers' Salaries Board in force immediately before
those amendments will, after those amendments, be taken to be an award of the
Commission and will, subject to the principal Act, continue to have the same
operation; and
(b) any proceedings before the Teachers' Salaries Board at the time of
those amendments may continue before the Teachers' Salaries Board as if those
amendments had not been effected.
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force
immediately prior to the repeal or amendment coming into operation) to an
expiation notice issued under the repealed or amended Act.
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing
authority under a relevant Act;
(b) in a case that
relates to employment under the Fire and Emergency Services
Act 2005—the Chief Executive of the South Australian Fire and
Emergency Services Commission, or the Chief Officer of an emergency services
organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services
Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services
Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources
Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health
Commission Act 1976;
(r) an incorporated health centre under the South Australian Health
Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and
Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire and Emergency Services Act 2005—that Act.
2—Transfer of employment
(1) Subject to this
clause, a person who, immediately before the commencement of this clause, was
employed by a prescribed body under a relevant Act will, on that commencement,
be taken to be employed by the employing authority under that Act (as amended by
this Act).
(2) The following
persons will, on the commencement of this clause, be taken to be employed as
follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity Act 1996 will,
on that commencement, be taken to be employed by the employing authority under
that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire and Emergency
Services Act 2005 will, on that commencement, be taken to be employed
by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South Australian Health Commission Act 1976 will, on that
commencement, be taken to be employed by an employing authority under that Act
(as amended by this Act) designated by the Governor by proclamation made for the
purposes of this paragraph.
(3) Subject to this
clause, the Governor may, by proclamation, provide that a person employed by a
subsidiary of a public corporation under the Public Corporations
Act 1993 will be taken to be employed by a person or body designated by
the Governor (and the arrangement so envisaged by the proclamation will then
have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by
subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately
before the commencement of this clause, a person's employment within the ambit
of subclause (1), (2) or (3) was subject to the operation of an award or
certified agreement (but not an Australian Workplace Agreement) under the
Commonwealth Act, then, on that commencement, an award or enterprise agreement
(as the case requires) will be taken to be created under the Fair Work
Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or
enterprise agreement is created by virtue of the operation of
subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair Work Act 1994 on the day on
which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award
or enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
3—Superannuation
(1) If a prescribed
body under a relevant Act is, immediately before the commencement of this
clause, a party to an arrangement relating to the superannuation of one or more
persons employed by the prescribed body, then the relevant employing authority
under that Act will, on that commencement, become a party to that arrangement in
substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy,
and subclause (1) may have effect despite any other Act or
law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation Act 1988
(as it may exist immediately before the commencement of this Act).
4—Interpretative provision
(1) The Governor may,
by proclamation, direct that a reference in any instrument (including a
statutory instrument) or a contract, agreement or other document to a prescribed
body, or other specified agency, instrumentality or body, will have effect as if
it were a reference to an employing authority under a relevant Act, the Minister
to whom the administration of a relevant Act is committed, or some other person
or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of
functions or powers.
5—Related matters
(1) A notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A notice in force under section 28 of the Institute of Medical
and Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A notice in force under section 61 of the South Australian Health
Commission Act 1976 immediately before the commencement of this clause
will continue to have effect for the purposes of that section, as amended by
this Act.
(4) A notice in force under section 13(6) of the South Australian Motor
Sport Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair Work Act 1994 (unless or until relevant regulations are
made under the provisions of that Act).
6—Other provisions
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment or repeal effected by this
Act.
Statutes Amendment (Budget 2010) Act
2010
89—Transitional provision
The amendment to the Technical and Further Education Act 1975
made by this Part does not affect an entitlement to long service leave or
payment in lieu of long service leave that accrues before
1 July 2011.
Statutes Amendment (South Australian Employment
Tribunal) Act 2016 as amended by South Australian Employment Tribunal
(Miscellaneous) Amendment Act 2017, Sch 1
142—Transitional provisions
(1) In this section—
principal Act means the Technical and Further Education
Act 1975;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Employment
Tribunal.
(2) The Appeal
Board under the principal Act is dissolved by force of this subsection (and so
the commencement of this subsection brings to an end the appointment of a person
as a member of the Appeal Board).
(3) No right of action arises, and no compensation is payable, in respect
of an appointment coming to an end by virtue of the operation of
subsection (2).
(4) A decision, direction or order of the Appeal Board under the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a decision, direction or order of the Tribunal.
(5) A right of appeal under sections 17A or 26 of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
Appeal Board.
(6) Any proceedings before the Appeal Board under the principal Act
immediately before the relevant day will, subject to such directions as the
President of the Tribunal thinks fit, be transferred to the Tribunal where they
may proceed as if they had been commenced before that Tribunal.
(7) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Appeal Board, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Appeal Board that may be
relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
determination), direction or order in relation to proceedings before the Appeal
Board before the relevant day (including so as to make a decision or
determination, or a direction or order, in relation to proceedings fully heard
before the relevant day); and
(d) take other steps to promote or ensure the smoothest possible
transition from 1 jurisdiction to another in connection with the operation
of this section.
Historical versions
Reprint No 1—15.1.1992 |
|
Reprint No 2—1.7.1992 |
|
Reprint No 3—1.1.1994 |
|
Reprint No 4—3.2.1997 |
|
Reprint No 5—16.7.1998 |
|
1.4.2007 |
|
1.2.2010 |
|
1.7.2011 |
|
1.1.2012 |
|
Appendix—Divisional
penalties and expiation fees
At the date of publication of this version divisional penalties and
expiation fees are, as provided by section 28A of the Acts Interpretation Act
1915, as follows:
Division |
Maximum imprisonment |
Maximum fine |
Expiation fee |
---|---|---|---|
1 |
15 years |
$60 000 |
— |
2 |
10 years |
$40 000 |
— |
3 |
7 years |
$30 000 |
— |
4 |
4 years |
$15 000 |
— |
5 |
2 years |
$8 000 |
— |
6 |
1 year |
$4 000 |
$300 |
7 |
6 months |
$2 000 |
$200 |
8 |
3 months |
$1 000 |
$150 |
9 |
– |
$500 |
$100 |
10 |
– |
$200 |
$75 |
11 |
– |
$100 |
$50 |
12 |
– |
$50 |
$25 |
Note: This appendix is provided for convenience of reference
only.