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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Education and Children's Services Bill

Committee Stage

In committee (resumed on motion).

Clause 7.

Mr GARDNER: I move:

Amendment No 1 [Gardner–1]—

Page 13, line 32 [clause 7(1)]—Delete 'State.' and substitute:

State,

and, in the course of achieving those objects, it is an object of this Act to continuously improve the wellbeing and safety of children in this State.

From memory, the minister advised in her previous answer to my question—I am sure Hansard can confirm—that the process by which we arrived at these objects and principles involved a discussion paper going back to 2009, back and forth, and a draft bill that went out for consultation, and here we are.

The opposition notes that there are many things in these objects and principles that that process turned up, some of which are straightforward and sensible and some of which are very good indeed. What is not mentioned at any point in the objects and principles is students' safety and wellbeing. I think that is certainly something we strive for in the application of our education acts. The opposition feels that it is important that the objects of this act include a reference to our desire to continuously improve the wellbeing and safety of children in this state, and therefore I commend the amendment to the house.

The Hon. S.E. CLOSE: I am happy to support the amendment.

Amendment carried.

The Hon. S.E. CLOSE: I move:

Amendment No 1 [EduChilDev–1]—

Page 13, after line 37—Insert:

(2a) It is a further object of this Act to recognise the diversity of the student body in this State.

Amendment carried.

The Hon. S.E. CLOSE: I move:

Amendment No 2 [EduChilDev–1]—

Page 14, after line 17 [clause 7(3)]—Insert:

(h) subject to this and any other Act or law, schools, preschools and children's services centres are free to celebrate events that are of significance to their communities.

When we are talking about the fact that there is a very diverse student body and also that our schools are secular in nature, I wish to add a reference for clarity that schools, preschools and children's centres are free to celebrate events that are of significance to their communities.

Mr GARDNER: I move an amendment to the minister's amendment:

Amendment No 1 [Gardner–2]—

Page 14, after line 17 [inserted paragraph (h)]—After 'communities' insert:

(including, for example, by singing Christmas carols)

In identifying and referring to this amendment she has just moved, in the journal of record in South Australia, The Advertiser, in a piece by Mr Tim Williams in relation to issues to do with religious instruction and things we were debating earlier in relation to clause 82, the minister said:

These provisions do not apply to in-school celebrations of significant events such as Christmas and Easter and the Government has filed an amendment to make this unambiguously clear.

The amendment the minister has just moved is worthy, but it does not, as the minister suggested, make clear the critical question that has been confronting the community of South Australia for the last four or five months—Christmas carols and whether or not it is unambiguously clear that they are to remain possible in our public schools.

The opposition believes that the minister will welcome the amendment we have suggested because it does in fact make it unambiguously clear that Christmas carols are to be allowed to be maintained. I know that she herself enjoys a Christmas carol and I commend her for that. It is good for the voice. The minister's amendment inserts this subclause:

(h) subject to this and any other Act or law, schools, preschools and children's services centres are free to celebrate events that are of significance to their communities.

My amendment inserts, after the word 'communities', the words '(including, for example, by singing Christmas carols)' thereby guaranteeing that Christmas carols will be protected under the act.

The Hon. S.E. CLOSE: We will accept this amendment because quite clearly if we were not to, it would be argued that we were opposed to Christmas carols, which we never have been and never will be. I think it is a pity to bring that into a piece of legislation because there are a number of events that are significant to schools, and they are not only those that are associated with a traditionally Christian celebration, but I have had enough of the politicking over Christmas carols. It has been absurd from start to end, and I will accept this in order not to prolong that kind of game playing with our schools.

Amendment to amendment carried; amendment as amended carried; clause as amended passed.

Schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. S.E. CLOSE (Port Adelaide—Minister for Education and Child Development, Minister for Higher Education and Skills) (16:00): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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