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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
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Education and Children's Services Bill

Introduction and First Reading

The Hon. J.A.W. GARDNER (Morialta—Minister for Education) (15:51): Obtained leave and introduced a bill for an act to provide for preschool, primary and secondary education in this state, to provide for children's services, to constitute the teaching service in this state and for other purposes. Read a first time.

Second Reading

The Hon. J.A.W. GARDNER (Morialta—Minister for Education) (15:52): I move:

That this bill be now read a second time.

The Education and Children's Services Bill 2018 will repeal and replace the Education Act 1972 and the Children's Services Act 1985, providing a contemporary framework for the delivery of high-quality children's services and compulsory education in this state. While the Education Act and the Children's Services Act have provided an adequate framework for education and early childhood services for many years, they no longer reflect the needs of our contemporary system, a system which we would like to see become the best in Australia.

Our children deserve access to the best schools, preschools and children's services, and this bill aims to establish the conditions necessary for teachers, parents, families and communities to work together to give our children the best start in life. The bill builds on the work undertaken by the previous government and adopts most of the provisions of the bill that was introduced into parliament last year but lapsed in the other place. I acknowledge the efforts of the former minister in respect of this work, and I look forward to working with her to ensure the passage of this important bill.

However, there are some significant changes to the bill previously brought forward by those opposite. This government's bill does not include, for example, Labor's central controls proposed for governing councils. We have removed provision for the minister to direct, suspend or dissolve a governing council in disciplinary circumstances. We have also introduced changes to ensure that parents and other persons responsible for children and students at schools, preschools and children's services will form the majority of members of the governing councils of those schools and services. The government strongly believes that by empowering school communities through greater autonomy and accountability we will deliver better student outcomes and have happier and more efficient school communities.

The government's bill includes provision for governing councils to access funds for independent legal advice when they are in dispute with the department. This was a specific recommendation of the Debelle royal commission. Under the bill, the Crown Solicitor, or a nominee of the Crown Solicitor, will make a decision as to whether a governing council's request meets the necessary requirements to be funded. The relevant funds will be administered by the Attorney-General's Department.

The bill removes the exclusive right of the Australian Education Union to nominate members of relevant committees formed under the bill, including selection committees for promotional level positions in the teaching service and review committees considering the amalgamation or closure of a school. The members of selection committees will now be appointed by the chief executive and at least one member will be a person elected from the teaching service to represent them on such committees. In lieu of an AEU nominee, review committees for the purposes of amalgamations and closures of schools will need to include a staff member of each school to which the review relates that has been nominated by the staff of the relevant school.

The bill retains the status quo in relation to opportunities for schools to participate in religious or cultural activities. It retains arrangements under which a parent can seek to have their child exempted from participation in such activities on conscientious grounds. A child who is exempted from such activities would be provided with an alternative activity related to the curriculum during the period in which the activities are conducted. Importantly, the act will make it clear that Christmas carols may be sung in South Australian government schools.

A good education is vital to the healthy development of a child. It allows them to grow, make friends and realise their career ambitions once they leave school. Central to a good education is attendance at school and while the vast majority of parents support their children to attend school, a few do not. We owe it to these children to take decisive action to ensure they attend.

Research suggests that even a small amount of unauthorised absence from school can negatively impact on a student's achievement. The impacts are most severe for the most vulnerable children. In addition, chronic non-attendance at school can lead to poor outcomes throughout a person's life, including, for example, negative impacts on health, employment, and potentially involvement with the justice system.

The government is implementing a number of measures to address chronic truancy and the bill supports that work. The bill includes increased penalties for the parents of children who are chronically absent from school and provides a broader range of measures to deal with cases of non-attendance, including, importantly, provision for family conferencing. In addition to these strengthened provisions, the government will be auditing attendance policies at all government schools, taking steps to ensure children in out-of-home care are engaged in mainstream education, and increasing the number of truancy officers employed in the department by 50 per cent.

The bill does not include provision for the issuing of expiation notices for non-attendance as proposed by the previous government when they introduced a similar bill. Issuing of expiation notices for these types of offences would undermine the benefits of early intervention through family support work and/or a family conference and diminish the impact of the strong deterrent of prosecution through the courts. Prosecution through courts may well be a last resort. The government fears that an expiation notice, as previously promoted by those opposite, would have been too often used as a first resort.

The bill carries over the provisions aimed at ensuring safe learning and working environments in schools, preschools and children's services. The government is supportive of strong measures to protect teachers and other staff acting in the course of their duties from offensive behaviour or the use of abusive, threatening or insulting language. These protections will apply in all schools in South Australia across government and non-government sectors.

Under the bill, offensive behaviour need not occur on school or preschool premises and would include, for example, the abuse of staff over the telephone. Other measures aimed at promoting safe environments include provision for:

a person to be barred from any premises or place used or to be used by a school, preschool or children's service if that person has behaved in an offensive manner while on the premises, or threatened or insulted staff, or committed or threatened to commit any other offences on or in relation to the premises;

dealing with trespass on all schools, preschools and children's service sites; and

authorised persons to deal with people behaving in an unacceptable manner on premises.

The bill also brings together and improves employment provisions for teachers and support workers in government schools, preschools and children's services centres.

The bill includes a number of provisions to improve information sharing between government and non-government schools and preschools, children's services centres and the department, where necessary, to support the education, health, safety, welfare or wellbeing of a child.

Where a child is transferring between schools, in particular, the bill provides for the principal of the school in which the child is to be enrolled to request information from the child's previous school about the child's academic progress and any support the child might need to be successful in their education at the new school. I seek leave to have the explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines terms and phrases used in the measure.

4—Application of Act to non-Government schools

This clause sets out how the measure applies to non-Government schools, including by setting out the provisions that do not apply.

5—Interaction with other Acts

This clause clarifies that this measure does not derogate from other Acts.

6—Minister may acquire land

This clause authorises the Minister to acquire land for the purposes of this Act. By doing so, the measure becomes a special Act for the purposes of the Land Acquisition Act 1969, and the provisions of that Act will then apply to such acquisitions.

Part 2—Objects and principles

7—Objects and principles

This clause sets out objects and principles informing the operation of the measure.

Part 3—Administration

8—Functions of Chief Executive

This clause sets out the functions of the Chief Executive (formerly the Director-General, and combining the position of Director of Children's Services from the repealed Children's Services Act 1985).

9—Administrative instructions

This clause confers on the Chief Executive the power to issue binding administrative instructions to governing councils or affiliated committees of schools, stand-alone preschools and children's services centres.

10—Model constitutions

This clause requires the Minister to publish model constitutions of the kinds specified.

11—Advisory committees

This clause allows the Minister to appoint committees to advise the Minister or the Chief Executive on any matter related to the operation of this measure or the provision of education and children's services in this State.

12—Delegation

This clause is a standard power of delegation.

13—Chief Executive may require information from schools, preschools and children's services centres

This clause empowers the Chief Executive to require specified persons and bodies to provide information to the CE that the CE reasonably requires for purposes of this measure, with an offence created for non-compliance.

14—Sharing of information between certain persons and bodies

This clause enables the persons and bodies specified to provide certain information and documents to other such persons or bodies if the provision of the information or documents would assist the recipient to perform official functions or manage certain risks to children.

15—Report

This clause requires the Chief Executive to report to the Minister annually (in respect of calendar years) on the operation of the Department.

Part 4—Preschools and children's services centres

Division 1—School-based preschools

16—Minister may establish school-based preschools

This clause provides that the Minister may establish school-based preschools.

17—Governing councils of school-based preschools

This clause provides that the governing council of a school in relation to which a school-based preschool is established is also the governing council of the preschool, and sets out requirements relating to the representation of the preschool on the council.

Division 2—Stand-alone preschools and children's services centres

18—Minister may establish stand-alone preschools and children's services centres

This clause provides that the Minister may establish stand-alone preschools and children's services centres.

19—Governing councils of stand-alone preschools and children's services centres

This clause provides that a governing council is to be established in respect of each stand-alone preschool and children's services centre, although the same council may be the council for multiple preschools and children's services centres. The clause also sets out the nature of a governing council and its governance arrangements.

20—Composition of governing councils of stand-alone preschools and children's services centres

This clause sets out the composition of governing councils of stand-alone preschools and children's services centres, in particular requiring that a majority of appointees to the council be persons who are responsible for children attending, or who are to attend, the stand-alone preschool or children's services centre. The clause also makes procedural provision for where it is not possible for that majority to occur.

21—Approval of constitutions by Minister

This clause allows the Minister to approve a constitution to be adopted by the governing council of a stand-alone preschool or children's services centre (that is, to be adopted in place of a model constitution). The clause also makes procedural provision in relation to approvals.

22—Amendment of constitutions

This clause sets out circumstances in which the Minister may directly amend, or direct a governing council to amend, a constitution.

23—Functions and powers of governing councils

This clause sets out the functions and powers of governing councils of stand-alone preschools and children's services centres.

24—Limitations on powers of governing councils

This clause sets out limitations on the exercise of the functions and powers of governing councils of stand-alone preschools and children's services centres.

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

This Division continues registered children's services centres under the repealed Children's Services Act 1985, and makes transitional adjustments to the terms used under that Act to describe the centres etc to be consistent with the measure.

Division 4—Removal of members of governing councils etc

27—Minister may remove member of governing council

This clause enables the Minister to remove a member of the governing council of a stand-alone preschool or children's services centre from office for the reasons specified.

28—Minister may prohibit or limit performance of functions etc by governing council

This clause enables the Minister to prohibit or limit, in accordance with the regulations, the exercise of a power or function by the governing council of a stand-alone preschool or children's services centre.

Division 5—Closure of stand-alone preschools and children's services centres

29—Closure of stand-alone preschools and children's services centres

This clause sets out the process for the closure of stand-alone preschools and children's services centres.

Division 6—Miscellaneous

30—Conflict of interest

This clause is a standard provision relating to conflicts of interest in respect of members of the governing councils of stand-alone preschools and children's services centres.

31—Accounts may be audited

This clause provides that the accounts of stand-alone preschools and children's services centres may be audited at any time by the Chief Executive or the Auditor-General.

32—Corporal punishment prohibited

This clause prohibits corporal punishment from being imposed on children at Government preschools and children's services centres.

Part 5—Government schools

Division 1—Establishment of schools

33—Minister may establish schools

This clause provides that the Minister may establish schools.

Division 2—Governing councils and affiliated committees

Subdivision 1—Governing councils and affiliated committees

34—Governing councils of schools

This clause provides that a governing council is to be established in respect of each school established under the measure, although the same council may be the council for multiple schools. The clause also sets out the nature of a governing council and its governance arrangements.

35—Composition of governing councils of schools

This clause sets out the composition of governing councils of schools, in particular requiring that a majority of appointees to the council be persons who are responsible for students of the school. The clause also makes procedural provision for where it is not possible for that majority to occur.

36—Affiliated committees

This clause allows the Minister to authorise the establishment of affiliated committees, being a committee affiliated with the governing council of a school.

37—Conflict of interest

This clause is a standard provision relating to conflicts of interest in respect of members of the governing councils of schools as well as members of affiliated committees.

38—Accounts may be audited

This clause provides that the accounts of the governing council of a school or an affiliated committee may be audited at any time by the Chief Executive or the Auditor-General.

Subdivision 2—Approval and amendment of constitutions

39—Approval of constitutions by Minister

This clause allows the Minister to approve a constitution to be adopted by the governing council of a school (that is, to be adopted in place of a model constitution). The clause also makes procedural provision in relation to such approvals.

40—Amendment of constitutions

This clause sets out circumstances in which the Minister may directly amend, or direct a governing council of a school to amend, a constitution.

Subdivision 3—Functions and powers of governing councils and affiliated committees

41—Functions and powers of governing councils and affiliated committees

This clause sets out the functions and powers of governing councils of schools and affiliated committees.

42—Limitations on powers of governing councils and affiliated committees

This clause sets out limitations on the exercise of the functions and powers of governing councils of schools and affiliated committees.

Subdivision 4—Arrangements on closure or amalgamation of school

43—Minister may make arrangements for governing councils etc on closure or amalgamation of school

This clause sets out the actions that may be taken by the Minister to deal with the governing council of a school, or an affiliated committee, on the amalgamation or closure of the school under the proposed Division.

Subdivision 5—Removal of members of governing councils and affiliated committees etc

44—Minister may remove member of governing council or affiliated committee

This clause provides that the Minister may remove a member of the governing council of a school or an affiliated committee from office for the reasons specified in the clause.

45—Minister may prohibit or limit performance of functions etc by governing council or affiliated committee

This clause enables the Minister to prohibit or limit, in accordance with the regulations, the exercise of a power or function by the governing council of a school or an affiliated committee.

Subdivision 6—Governing Councils Legal Fund

46—Interpretation

This clause contains the definitions relevant for the subdivision.

47—Governing Councils Legal Fund

This clause sets up the Governing Councils Legal Fund. It provides that money for the Fund is as provided for by Parliament or paid into it under this or any other Act. Any deficiency in the Fund will be met from the Consolidated Account.

48—Payments from Fund

This clause sets out the requirements in relation to payments from the Fund. A governing council of a school may apply to the Crown Solicitor for approval for payment from the Fund of the costs of independent legal advice incurred in relation to a dispute between the governing council and the Department. The Crown solicitor may refer the application for such an approval to another person (a nominated person) to determine. This may be necessary to avoid a conflict of interest in certain circumstances. Approval for payment must be granted if the Crown Solicitor (or the person to whom an application has been referred) is satisfied of the matters set out in subclause (6). The Crown Solicitor or a nominated person is independent of direction or control by the Crown or any Minister or officer of the Crown.

49—Accounts

This clause provides that the Minister must cause proper accounts to be kept of money paid into and payments made from the Fund.

50—Audit of Fund

Under this clause, the Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.

Division 3—Amalgamation and closure of schools

51—Amalgamation of schools

This clause provides that the Minister may amalgamate 2 or more Government schools, sets out the circumstances in which such an amalgamation can occur and makes procedural provision relating to notice.

52—Closure of schools

This clause sets out the process for the closure of Government schools. In particular, closures are to occur with the consent of students or persons responsible for them, or on the recommendation of a review committee following a review under proposed section 53.

53—Review of schools in a particular area

This clause allows the Minister to commission a review to determine whether each Government school within a particular area continue to be required and, if not, whether 1 or more of the schools should be amalgamated or closed. The clause also makes procedural provision in relation to such reviews.

54—Review committees

This clause sets out how a committee that is to conduct a review under proposed section 53 is to be constituted and how it is to function.

55—Minister to report to Parliament if recommendations of review committee not followed

This clause requires the Minister to report to Parliament where the Minister decides to amalgamate or close a school contrary to the recommendation of a review committee.

Part 6—Special purpose schools

56—Minister may establish special purpose schools

This clause provides that the Minister may establish special purpose schools for the purposes specified in the clause.

57—Governing council and constitution

This clause sets out the governance arrangements for special purpose schools.

58—Closure of special purpose schools

This clause sets out the process for the closure of special purpose schools, namely that the Minister may close one for any reason the Minister thinks fit, and requires notice of closures to be given to the principal and persons responsible for students at the school.

59—Modification of operation of Act in relation to special purpose schools

This clause disapplies Part 5 of the measure in respect to special purpose schools, and confers a regulation-making power to modify the operation of the measure as it applies 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

This clause requires children of compulsory school age to be enrolled in a school and replaces the applicable part of current section 75 of the Education Act 1972.

61—Children of compulsory education age must be enrolled in approved learning program

This clause requires children of compulsory education age to be enrolled in an approved learning program and replaces the applicable part of current section 75 of the Education Act 1972.

62—Chief Executive may direct that child be enrolled in particular school

This clause simply replaces section 75A of the Education Act 1972.

63—Chief Executive may direct that child be enrolled in another school if improperly enrolled

This clause allows the Chief Executive to direct that a specified child who is enrolled in a Government school (including a special school) be instead enrolled at another Government school if the Chief Executive is satisfied that the child was enrolled at the school on basis of false or misleading information (including false information about the residential address of the child).

Subdivision 2—Enrolment of adult students

64—Special provisions relating to enrolment of adult students

This clause makes provision about the enrolment of adult students in Government schools, incorporating the effects of the Child Safety (Prohibited Persons) Act 2016. In particular, adult students (other than those who become adults in the course of their secondary education) will need to have a current working with children check.

Subdivision 3—Information gathering

65—Certain information to be provided on enrolment

This clause requires a person who is responsible for a child who is to be enrolled in a school or an approved learning program to provide to the principal of the school or the head of the approved learning program the information specified in the clause. Failure to do so without a reasonable excuse is an offence.

66—Chief Executive may require further information relating to student

This clause enables the Chief Executive to require a person who is responsible for a child to provide to the CE specified information that is reasonably required in the administration, operation or enforcement of this Act. Failure to do so without a reasonable excuse is an offence.

67—Principal may require other principal to provide report in respect of specified child

This clause enables the principal of a school to require the principal of another school to provide specified information relating to the enrolment, academic achievement etc of a student in the other school. Failure to do so without a reasonable excuse is an offence.

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

This clause requires children of compulsory school age to attend the school at which they are enrolled and replaces the applicable part of current section 76 of the Education Act 1972.

69—Child of compulsory education age must participate in approved learning program

This clause requires children of compulsory education age to participate in the approved learning program in which they are enrolled and replaces the applicable part of current section 76 of the Education Act 1972.

Subdivision 2—Family conferences

70—Purpose of family conferences

This clause explains the purposes of family conferences under the proposed Subdivision, namely the making of voluntary arrangements to ensure the attendance of a student at the school, or the participation of the student in the approved learning program, in which they are enrolled but are failing to attend.

71—Chief Executive may convene family conference

This sets out the circumstances in which the Chief Executive may convene a family conference, as well as who can attend a conference.

72—Procedures at family conference

This clause sets out how a family conference is to be conducted.

73—Chief Executive and principal etc to give effect to decisions of family conference

This clause requires the Chief Executive and the principal of a school or head of an approved learning program in which a student is enrolled to give effect to valid decisions made at a family conference; however those decisions cannot require unlawful acts or omissions, nor do they create any legally enforceable rights or obligations.

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

This clause makes it an offence for a person to employ a child of compulsory school age or compulsory education age during school hours, or in labour or an occupation that renders, or is likely to render, the child unfit to attend school etc or obtain the proper benefit from doing so.

Subdivision 4—Reporting of persistent non-attendance or non-participation

75—Principal etc to report persistent non-attendance or non-participation

This clause requires the principal of a school or head of an approved learning program to notify the Chief Executive if a student of the school or approved learning program is persistently failing to attend school, or participate in the approved learning program. The clause also deems a failure to attend or participate on any 10 days in a term to be a persistent failure requiring report (disregarding failures where a person responsible for the child has complied with section 69(3) or 70(3)).

Division 3—Suspension, exclusion and expulsion of students

76—Suspension of students

This clause was regulation 44 of the Education Regulations 2012 (allowing for the suspension of students) and has simply been relocated into the measure.

77—Exclusion of students

This clause was regulation 45 of the Education Regulations 2012 (allowing for the exclusion of students) and has simply been relocated into the measure.

78—Expulsion of certain students from particular school

This clause was regulation 46 of the Education Regulations 2012 (allowing for the expulsion of students from a school) and has simply been relocated into the measure.

79—Expulsion of certain students from all Government schools

This clause was regulation 47 of the Education Regulations 2012 (allowing for the expulsion of students from all Government schools) and has simply been relocated into the measure.

80—Appeal against decision to exclude or expel student

This clause was regulation 50 of the Education Regulations 2012 (allowing for an appeal against a decision to suspend etc a student) and has simply been relocated into the measure.

81—Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student

This clause provides that the regulations may make provision for or in relation to the operation, administration and enforcement of the suspension, exclusion or expulsion of a student under Part 7 Division 3.

Division 4—Religious and cultural activities

82—Religious and cultural activities

This clause allows the principal of a school to set aside time for the conduct of religious or cultural activities (or both). Written notice of such activities intended to be conducted by or on behalf of the school must be given to a person responsible for a student at a school. If a person responsible for a child that is a student at the school seeks permission from the principal of the school for the child to be exempted from participating in such an activity, then the child is exempt.

Division 5—Discipline

83—Corporal punishment prohibited

This clause prohibits corporal punishment from being imposed on students at Government schools.

Division 6—Registration of student exchange programs

84—Interpretation

This clause defines terms used in the proposed Division.

85—Registration of student exchange organisations

This clause enables the Education and Early Childhood Services (Registration and Standards) Board to register a person or body as a student exchange organisation and sets out procedural requirements for such registration.

86—Annual registration fee

This clause requires registered student exchange organisations to pay an annual registration fee.

87—Guidelines

This clause allows the Board to publish or adopt guidelines in relation to student exchange organisations and the operation of student exchange programs.

88—Board may give directions to registered student exchange organisation

This clause empowers the Board to direct a registered student exchange organisation to take, or to not take, such specified action in the circumstances set out in the clause.

89—Suspension and revocation of registration

This clause sets out when and how the Board may suspend or revoke the registration of a registered student exchange organisation.

Part 8—Protections for teachers, staff and students etc at schools, preschools and children's services centres

Division 1—Preliminary

90—Application of Part

This clause sets out the premises to which the proposed Part applies (including non-Government schools and preschools etc).

Division 2—Offences

91—Offensive or threatening behaviour

This clause creates an offence for a person to behave in an offensive or threatening manner on premises to which the proposed Part applies.

The clause also creates an offence for a person to use abusive, threatening or insulting language to, or to behave in an offensive manner towards, a prescribed person acting in the course of their duties (whether or not the offence occurs on premises to which the proposed Part applies).

92—Trespassing on premises

This clause creates an offence for a person to trespass on premises to which the proposed Part applies.

Division 3—Barring orders

93—Power to bar persons from premises

This clause empowers a designated person in respect of premises to which the proposed Part applies to bar a person from the premises (and related premises) in the circumstances specified in subclause (1). The clause also makes procedural provision in relation to such barring, and creates an offence for a person to contravene or fail to comply with a barring notice.

94—Review of barring notice by Minister

This clause provides that a person who is barred from premises under section 93 for a period exceeding 2 weeks may apply to the Minister for a review of the barring notice.

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

This clause empowers an authorised person in respect of premises to which the proposed Part applies to direct a person to leave the premises in the circumstances specified in subclause (1). The authorised person may use reasonable force to restrain or remove the person, or prevent their re-entry to the premises. The clause also makes procedural provision in relation to such directions, and creates an offence for a person to contravene or fail to comply with a direction.

Part 9—The teaching service

Division 1—Preliminary

96—Interpretation

This clause defines 'misconduct' as used in the proposed Part.

Division 2—Appointment to the teaching service

97—Appointment to the teaching service

This clause provides for the appointment of teachers to be officers of the teaching service, and makes provision for the basis, terms and conditions of such appointments.

98—Merit-based selection processes

This clause requires certain appointments and promotions to occur on the basis of merit.

99—Rate of remuneration for part-time employees

This clause sets out how the rate of remuneration for part-time officers is to be determined.

100—Special remuneration for attraction and retention of officers of the teaching service

This clause provides that the Chief Executive may offer special remuneration to officers of the teaching service for the purposes of attracting and retaining officers of a high standard, and may enter into arrangements with officers of the teaching service for that purpose.

101—Probation

This clause requires an officer of the teaching service employed on an ongoing basis to be on probation for a period of 2 years, however that period may be reduced or waived in the circumstances specified. The clause also requires officers appointed as term employees to be on probation in accordance with the regulations.

Division 3—Duties, classification, promotion and transfer

102—Assignment of duties and transfer to non-teaching position within Department

The clause enables the Chief Executive to determine the duties of officers of the teaching service, and the place or places at which duties are to be performed. The clause makes procedural provision in respect of such determinations.

103—Transfer within teaching service

This clause enables the Chief Executive to transfer officers of the teaching service between positions in the teaching service, provided that in doing so the officer's salary is not reduced and the transfer is not used to promote the officer to a higher classification level.

104—Classification of officers and positions

The clause enables the Chief Executive to make classifications of the kinds specified in respect of officers of, and positions in, the teaching service.

105—Application to Chief Executive for reclassification

This clause provides that an officer of the teaching service who considers that their classification, or that of their position, is not appropriate may lodge with the Chief Executive an application for reclassification, and makes procedural provision in relation to such applications.

106—Appointment to promotional level positions

This clause provides that the Chief Executive may appoint officers of the teaching service to positions within the teaching service classified at promotional levels, and sets out how such appointments are to be applied for and made.

Division 4—Long service leave

107—Long service leave and retention entitlement

This clause sets out the long service leave entitlements of officers of the teaching service.

108—Taking leave

This clause sets out when and how officers of the teaching service can take long service leave, and makes provision for the salary to be paid during the leave period.

109—Payment in lieu of long service leave

This clause provides that officers of the teaching service can apply to be paid salary in lieu of their accrued long service leave, and makes procedural provision for such payments.

110—Interruption of service where officer leaves teaching service

This clause provides for the service of an officer of the teaching service who leaves the teaching service for specified reasons and is then reappointed to the teaching service to be taken into account as though that service were continuous in the circumstances specified.

111—Special provisions relating to certain temporary officers of the teaching service

This clause preserves the effect of current section 22A of the Education Act 1972.

112—Entitlement where officer transferred to other public sector employment

This clause recognises the service of officers of the teaching service who are transferred to other employment in the public sector of the State as being continuous with that other employment.

113—Entitlement of persons transferred to the teaching service

This clause recognises the service of persons who transfer from other employment in the public sector of the State to the teaching service as being continuous with their service in the teaching service.

Division 5—Disciplinary action and management of unsatisfactory performance

114—Disciplinary action

This clause sets out the action the Chief Executive may take if the CE is satisfied that an officer of the teaching service is guilty of misconduct.

115—Managing unsatisfactory performance

This clause sets out the action the Chief Executive may take if the CE is satisfied that the performance of an officer of the teaching service is unsatisfactory.

116—Reduction in remuneration level

This clause sets out grounds on which the Chief Executive may reduce the remuneration level of an officer of the teaching service.

117—Suspension

This clause provides that the Chief Executive may suspend an officer of the teaching service if the CE is satisfied that the nature or circumstances of any matter alleged against the officer are such that the officer should not continue in the performance of their duties.

Division 6—Physical or mental incapacity of officers of the teaching service

118—Physical or mental incapacity of officers of the teaching service

This clause provides that the Chief Executive may require an officer of the teaching service to undergo a medical examination if the Chief Executive considers the officer's unsatisfactory performance may be caused by physical or mental incapacity, and makes procedural provision in relation to such examinations.

Division 7—Resignation and termination

119—Resignation

This clause sets out how an officer of the teaching service resigns from the service, and provides that the Chief Executive may make a determination that an officer has resigned if they are absent, without authority, from their employment for a period of 10 working days and do not give a proper written explanation or excuse for the absence to the Chief Executive before the end of that period.

120—Termination

This clause sets out how the employment of an officer of the teaching service can be terminated.

Part 10—Other employment and staffing arrangements

121—Chief Executive may employ other persons for purposes of Act

This clause provides that the Chief Executive may employ such other persons (in addition to the employees and officers of the Department and officers of the teaching service) as the Chief Executive thinks necessary or appropriate for the purposes of the measure.

122—Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part

This clause applies Part 7 and Schedule 1 of the Public Sector Act 2009 to certain persons employed under proposed section 121, subject to the modifications set out in subclause (1).

123—Use of staff etc of administrative units of the Public Service

This clause provides that the Chief Executive may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.

Part 11—Appeals

Division 1—Review by South Australian Employment Tribunal

124—Review by SAET of certain decisions and determinations

This clause provides a right of review to the SAET for a person who is aggrieved with certain decisions or determinations of the Chief Executive under Part 9 of the measure, and makes procedural provision in respect of such reviews.

Division 2—Appeals to Administrative and Disciplinary Division of the District Court

125—Appeal against certain actions of Minister or Chief Executive

This clause provides a right of appeal to the Administrative and Disciplinary Division of the District Court for a person who is aggrieved by a prescribed action of the Minister or the Chief Executive under the measure, and makes procedural provision in respect of such reviews.

Part 12—Authorised officers

126—Authorised officers

This clause sets out who are authorised officers for the purposes of the measure, including the CE, police officers and employees of the Department authorised by the Chief Executive as an authorised officer.

127—Powers of authorised officers

This clause sets out the powers of authorised officers under the measure.

128—Offence to hinder etc authorised officers

This clause creates a series of offences (such as hindering) relating to authorised officers under the measure.

Part 13—Financial provisions

Division 1—Materials and services charges for schools

129—Materials and services charges for schools

This clause allows Government schools to impose materials and services charges in respect of each student enrolled in the school for the whole or part of a calendar year, and makes procedural provision in relation to setting and recovering such charges.

Division 2—Other fees and charges

130—Charges for certain overseas and non-resident students etc

This clause allows the Chief Executive to fix charges in relation to the matters set out in subclause (1), and procedural provision in relation to setting and recovering such charges.

131—Certain other charges etc unaffected

This clause clarifies the fact that the measure does not prevent other charges or payments being fixed or made in relation to the matters specified.

Division 3—Recovery of amounts payable to the Commonwealth

132—Recovery of amounts payable to the Commonwealth

This clause allows the State to recover certain debts due to the Commonwealth under the Australian Education Act 2013 of the Commonwealth.

Part 14—Miscellaneous

133—Exemptions

This clause allows the Minister to exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of the measure.

134—Use of certain school premises etc for both school and community purposes

This clause allows the Minister to permit Government premises etc to be used for community purposes, and to provide assistance to community bodies so as to allow Government schools to use their facilities etc.

135—Proceedings for offences

This clause requires the consent of the Minister before proceedings can be commenced for an offence against the measure.

136—Commencement of prosecution for offence against Act

This clause provides that proceedings for an offence against the measure must be commenced within 2 years of the alleged offence.

137—Confidentiality

This is a standard clause preventing confidential information from being disclosed except in the circumstances specified.

138—Protections, privileges and immunities

This clause limits liability under the measure, and provides that certain privileges and immunities are not affected by the measure.

139—Evidentiary provisions

This clause allows specified matters to be proved in legal proceedings by means of a certificate.

140—Service

This clause sets out how notices or documents under the measure can be served on a person.

141—Regulations

This clause sets out regulation making powers under the measure.

Schedule 1—Repeals, related amendments, transitional provisions etc

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Repeal of Children's Services Act 1985

2—Repeal of Children's Services Act 1985

This clause repeals the Children's Services Act 1985.

Part 3—Repeal of Education Act 1972

3—Repeal of Education Act 1972

This clause repeals the Education Act 1972.

Part 4—Amendment of Children's Protection Act 1993

Part 5—Amendment of Criminal Law Consolidation Act 1935

Part 6—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011

Part 7—Amendment of Independent Commissioner Against Corruption Act 2012

Part 8—Amendment of National Tax Reform (State Provisions) Act 2000

Part 9—Amendment of Public Sector Act 2009

Part 10—Amendment of SACE Board of South Australia Act 1983

Part 11—Amendment of Summary Offences Act 1953

Part 12—Amendment of Superannuation Act 1988

Part 13—Amendment of Teachers Registration and Standards Act 2004

These Parts make related amendments to the Acts specified consequential to the enactment of the measure.

Part 14—Transitional and other provisions

This Part makes transition provisions in respect of the enactment of this measure, and the repeal of the Education Act 1972 and the Children's Services Act 1985.

Debate adjourned on motion of Mr Odenwalder.

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