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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-02-02 Daily Xml
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Education and Children's Services (Miscellaneous) Amendment Bill

Second Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (17:55): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Education and Children's Services (Miscellaneous) Amendment Bill 2020 will amend the Education and Children's Services Act 2019 to address a number of legal and technical issues identified in the implementation of the Act.

The Education and Children's Services Act 2019, which commenced on 1 July 2020, represented the most significant reform to the State's education legislation in over forty years. It replaced both the Education Act 1972 and the Children's Services Act 1985 to provide a framework for the development and education of children and young people in South Australia.

During the implementation of the Act, a number of legal, technical and operational issues were identified as needing to be resolved or clarified by amendment of the Act. The Bill aims to address these issues.

In summary, the amendments set out in the Bill will amend the Act to:

remove reference to step-parent from the definition of a parent under the Act

update various references in the Act to TAFE SA

clarify provisions in relation to the continuation of stand-alone preschools and children's services centres formerly registered under the Children's Services Act 1985 and to make it easier to transition those services to a model of governance similar to schools, where appropriate

clarify arrangements for the management of the assets of a governing council of a preschool or children's services centre closed under the Act

expressly provide that the governing council of a school can fulfil a role in respect of the education, care, recreation, health or welfare of students outside of school hours

make it easier for an existing school of a relevant kind to transition to a special purpose school without the need to formally close and re-establish the school under the Act

enable requirements to be set in respect to the information about a student that may be included in a report exchanged between principals under section 67 of the Act

enable a principal's obligation to report persistent non-attendance to be met through periodic reports rather than through reporting on an individual, case-by-case basis

provide for the Education Standards Board to delegate its functions under the Act in respect to the registration of student exchange organisations. This will enable the Board to delegate relevant functions to the Registrar or other senior staff of the board

extend the protections for teachers and other staff to enable a person to be barred from departmental owned and occupied premises in addition to the premises of schools, preschools and children's services

clearly provide for schools to be able to collect a voluntary component of a materials and services charge in addition to the compulsory component of the charge

address issues with the permissible break in service arrangements for current and future term and casual officers of the teaching service in schools and preschools for the purpose of calculating long service

address other minor technical issues with the Act.

I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Education and Children's Services Act 2019

4—Amendment of section 3—Interpretation

This clause updates definitions used in the principal Act.

5—Amendment of section 26—Continuation of registered children's services centres

The clause provides that a reference in the principal Act to a stand-alone preschool or children's services centre continued under section 26 of the Act (being a reference that contemplates the stand-alone preschool or children's services centre being unincorporated) will be taken to be a reference to the body corporate comprising the stand-alone preschool or children's services centre (as the case requires). Additionally, a reference in this Act to the governing council of a stand-alone preschool or children's services centre continued under this section (being a reference that contemplates or requires the governing council being, or to be, a body corporate) will be taken to be a reference to the body corporate comprising the stand-alone preschool or children's services centre (as the case requires).

6—Insertion of section 26A

This clause inserts new section 26A into the principal Act, which will allow the Minister to declare by notice in the Gazette certain stand-alone preschools or children's services centres to be taken to have been established under Act. The clause requires that the Minister conduct consultation before making such a declaration. The clause details how a declaration will operate, including that the property, assets and liabilities of a stand alone preschool or children's services centre subject to a declaration will vest in the Minister. The clause grants a power to make regulations regarding declarations of the proposed section.

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

This clause amends section 29 of the principal Act to permit the Minister to transfer specified assets or liabilities of a governing council of a stand-alone preschool or children's services centre that is dissolved under section 29 to a specified person or body.

8—Amendment of section 41—Functions and powers of governing councils and affiliated committees

This clause amends section 45 of the principal Act to expand the functions of the governing councils and affiliated committees of schools to include the fulfilment of the roles specified in the constitution of the governing council in respect of the education, care, development, recreation, health or welfare of students outside of school hours.

9—Insertion of section 56A

This clause inserts new section 56A into the principal Act, allowing the Minister to declare an existing school to be a special purpose school. The Minister must consult with the governing council of the school before making such a declaration. The regulations may make further provision in relation to declarations under this clause.

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

This clause amends section 67 of the principal Act. It specifies that where a principal is required to provide another principle with a report in respect of a specified child, the report must adhere to specified requirements.

11—Amendment of section 75—Principal etc to report persistent non-attendance or non-participation

This clause amends section 75(1) of the principal Act to provide that the principal of a school or head of an approved learning program need only cause the Chief Executive to be notified, rather than personally notify the Chief Executive, if a student is persistently failing to attend school or participate in the approved learning program. Proposed subsections (2a) and (2b) clarify circumstances in which a principle of a school will be taken to have provided the Chief Executive with notice under the section.

12—Insertion of section 89A

This clause inserts new section 89A into the Act, providing a power of delegation to the Board.

13—Amendment of section 90—Application of Part

This clause amends section 90 of the principal Act to extend the application of Part 8 of the Act to prescribed departmental premises. This is defined as including any premises owned by the Department and any other premises prescribed by regulation.

14—Amendment of section 91—Offensive or threatening behaviour

This clause amends section 91 of the principal to extend the operation of that section to conduct occurring in prescribed departmental premises, as defined.

15—Amendment of section 93—Power to bar person from premises

This clause makes a consequential amendment to section 93 of the principal Act in relation to prescribed departmental premises, as defined.

16—Amendment of section 94—Review of barring notice by Minister

This clause makes a consequential amendment to section 94 of the principal Act in relation to prescribed departmental premises, as defined.

17—Amendment of section 101—Probation

This clause deletes section 101(9) of the principal Act.

18—Amendment of section 110—Interruption of service where officer leaves teaching service

This clause amends section 110 of the principal Act to clarify the circumstances, and period, in which an interruption of service and subsequent reappointment of an officer of the teaching service will be taken to be continuous service.

19—Insertion of section 110A

This clause inserts new section 110 of the principal Act to set out the circumstances, and period, in which an interruption of service and subsequent reappointment of an officer of the teaching service who is a term employee will be taken to be continuous service.

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

This clause makes a consequential amendment to section 111(1) of the principal Act to ensure consistency with sections amended or inserted by this measure.

21—Amendment of section 113—Entitlement of persons transferred to the teaching service

This clause amends section 113(7) of the principal Act, allowing the CE to approve certain employment as prescribed employment.

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

This clause amends section 121(2) of the principal Act to include preschools in the scope of the subsection.

23—Amendment of section 129—Materials and services charges for schools

This clause amends section 129 of the principal, dividing a materials and services charge under the section into a compulsory component, which can be recovered as a debt under the section, and a voluntary component which cannot.

24—Amendment of section 138—Protections, privileges and immunities

This clause amends section 138 of the principal Act to delete subsection (1), and to delete the words 'and without negligence' from subsection (2).

25—Amendment of section 141—Regulations

This clause amends section 141 of the principal Act to provide regulation making powers in the specified additional areas.

Debate adjourned on motion of Hon. I.K. Hunter.


At 17:59 the council adjourned until Wednesday 3 February 2021 at 14:15.

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