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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-05-04 Daily Xml
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Statutes Amendment (Education, Training and Skills Portfolio) Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:41): 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 Statutes Amendment (Education, Training and Skills Portfolio) Bill 2022 will amend the Education and Children's Services Act 2019, the Education and Early Childhood Services (Registration and Standards) Act 2011, and the History Trust of South Australia Act 1981 to address a small number of minor technical, legal or administrative issues associated with the operation of provisions of those Acts.

Part 2 of the Bill makes two separate amendments to the Education and Children's Services Act 2019.

Firstly, clause 3 will amend section 75 to clarify that section 75(2a) applies to both the notification of persistent non-attendance at school and persistent non-participation of a student in an approved learning program. Approved learning programs include secondary education as well as learning and training delivered by TAFE SA, private registered training organisations, universities and as part of apprenticeships or traineeships.

Section 75 requires a principal of a school or the head of an approved learning program to notify the Chief Executive, or cause the Chief Executive to be notified, if a student of the school or approved learning program is persistently failing to attend school or participate in an approved learning program. Section 75(2a) enables this notification to be made in the form of an electronic report at least once a term. However, as currently drafted, section 75(2a) does not expressly sate that the head of an approved learning program is able to provide notification of students' non-participation in this manner. Clause 3 of the bill will insert a new section 75(2a) to address this issue.

Secondly, clause 4 will amend section 130(4) to provide the Chief Executive with the discretion to waive, reduce or refund a charge, allow it to be paid by instalments or require a person to give security for payment of a charge under section 130. This discretion will relate to charges fixed by the Chief Executive of the Department for Education under section 130 for full fee paying overseas students, students enrolled in schools who are not resident in the State, and children enrolled in schools who are dependants of a person who is the subject of a visa of a kind prescribed by the regulations. Currently this discretion rests with the principal of a school and is inconsistent with the practical administration of these fees, which is undertaken by the Department for Education.

Part 3 of the Bill will amend section 22 of the Education and Early Childhood Services (Registration and Standards) Act 2011 to provide that a deputy of a member of the Education and Early Childhood Services Registration and Standards Board can act in the place of the member if the office of the member becomes vacant. The deputy is able to act as the member for the balance of the previous member's term of appointment or until a person is appointed to the vacant office, whichever first occurs. The amendment will ensure that where a deputy is available to act as a member, a temporary vacancy on the board can be managed in an efficient and timely manner without disruption to board activities.

Part 4 of the Bill will amend the definition of premises of the Trust in section 2 of the History Trust of South Australia Act 1981 to provide that it includes premises being temporarily used by the Trust to conduct activities or events related to its functions under the Act during the course of such activities and events. This will enable the conduct provisions set out in regulations under the Act, which prohibit or regulate certain behaviour, to also apply to premises being used temporarily by the Trust.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

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

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

This clause amends section 75 of the principal Act to extend the scope of that subsection to include heads of approved learning programs.

4—Amendment of section 130—Charges for certain overseas and non-resident students etc

This clause amends section 130 of the principal Act to shift who can waive, reduce or refund a charge, allow a charge to be paid by instalments or require a person to give security for payment of a charge under section 130 from the principal of a school to the Chief Executive.

Part 3—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011

5—Amendment of section 22—Composition of Board

This clause amends section 22 of the principal Act to allow a deputy of a member to fill a vacancy in the office of the member for whom they are a deputy.

Part 4—Amendment of History Trust of South Australia Act 1981

6—Amendment of section 2—Interpretation

This clause amends the definition of 'premises of the Trust' to include premises being temporarily used by the Trust to conduct activities and events related to its functions under this Act during the course of such activities or events.

Debate adjourned on motion of Hon. L.A. Henderson.

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