South Australia: Education and Children's Services Act 2019 (SA)

South Australia Education and Children's Services Act 2019 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. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act to non‑Government schools 5 Interaction with other Acts 6 Minister may acquire land Part 2—Objects and principles 7 Objects and principles Part 3—Administration 8 Functions of Chief Executive 9 Administrative instructions 10 Model constitutions 11 Advisory committees 12 Delegation 13 Chief Executive may require information 14 Sharing of information between certain persons and bodies 15 Report Part 4—Preschools and children's services centres Division 1—School‑based preschools 16 Minister may establish school‑based preschools 17 Governing councils of school‑based preschools Division 2—Stand‑alone preschools and children's services centres 18 Minister may establish stand‑alone preschools and children's services centres 19 Governing councils of stand‑alone preschools and children's services centres 20 Composition of governing councils of stand‑alone preschools and children's services centres 21 Approval of constitutions by Minister 22 Amendment of constitutions 23 Functions and powers of governing councils 24 Limitations on powers of governing councils 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 26A Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act Division 4—Removal of members of governing councils etc 27 Minister may remove member of governing council 28 Minister may prohibit or limit performance of functions etc by governing council Division 5—Closure of stand‑alone preschools and children's services centres 29 Closure of stand‑alone preschools and children's services centres Division 6—Miscellaneous 30 Conflict of interest 31 Accounts may be audited 32 Corporal punishment prohibited Part 5—Government schools Division 1—Establishment of schools 33 Minister may establish schools Division 2—Governing councils and affiliated committees Subdivision 1—Governing councils and affiliated committees 34 Governing councils of schools 35 Composition of governing councils of schools 36 Affiliated committees 37 Conflict of interest 38 Accounts may be audited Subdivision 2—Approval and amendment of constitutions 39 Approval of constitutions by Minister 40 Amendment of constitutions Subdivision 3—Functions and powers of governing councils and affiliated committees 41 Functions and powers of governing councils and affiliated committees 42 Limitations on powers of governing councils and affiliated committees Subdivision 4—Arrangements on closure or amalgamation of schools 43 Minister may make arrangements for governing councils etc on closure or amalgamation of school Subdivision 5—Removal of members of governing councils and affiliated committees etc 44 Minister may remove member of governing council or affiliated committee 45 Minister may prohibit or limit performance of functions etc by governing council or affiliated committee Subdivision 6—Governing Councils Legal Fund 46 Interpretation 47 Governing Councils Legal Fund 48 Payments from Fund 49 Accounts 50 Audit of Fund Division 3—Amalgamation and closure of schools 51 Amalgamation of schools 52 Closure of schools 53 Review of schools in a particular area 54 Review committees 55 Minister to report to Parliament if recommendations of review committee not followed Part 6—Special purpose schools 56 Minister may establish special purpose schools 56A Minister may declare existing school to be special purpose school 57 Governing council and constitution 58 Closure of special purpose schools 59 Modification of operation of Act in relation 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 61 Children of compulsory education age must be enrolled in approved learning program 62 Chief Executive may direct that child be enrolled in particular school 63 Chief Executive may direct that child be enrolled in another school if improperly enrolled Subdivision 2—Enrolment of adult students 64 Special provisions relating to enrolment of adult students Subdivision 3—Information gathering 65 Certain information to be provided on enrolment 66 Chief Executive may require further information relating to child 67 Principal may require other principal to provide report in respect of specified child 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 69 Child of compulsory education age must participate in approved learning program Subdivision 2—Family conferences 70 Purpose of family conferences 71 Chief Executive may convene family conference 72 Procedures at family conference 73 Chief Executive and principal etc to give effect to decisions of family conference 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 Subdivision 4—Reporting of persistent non-attendance or non-participation 75 Principal etc to report persistent non-attendance or non-participation Division 3—Suspension, exclusion and expulsion of students 76 Suspension of students 77 Exclusion of students 78 Expulsion of certain students from particular school 79 Expulsion of certain students from all Government schools 80 Appeal against decision to exclude or expel student 81 Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student Division 4—Religious and cultural activities 82 Religious and cultural activities Division 5—Discipline 83 Corporal punishment prohibited Division 6—Registration of student exchange programs 84 Interpretation 85 Registration of student exchange organisations 86 Annual registration fee 87 Guidelines 88 Board may give directions to registered student exchange organisation 89 Suspension and revocation of registration 89A Delegation Part 8—Protections for teachers, staff and students etc at schools, preschools and children's services centres Division 1—Preliminary 90 Application of Part Division 2—Offences 91 Offensive or threatening behaviour 92 Trespassing on premises Division 3—Barring orders 93 Power to bar person from premises 94 Review of barring notice by Minister 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 Part 9—The teaching service Division 1—Preliminary 96 Interpretation Division 2—Appointment to the teaching service 97 Appointment to the teaching service 98 Merit‑based selection processes 99 Rate of remuneration for part‑time employees 100 Special remuneration for attraction and retention of officers of the teaching service 101 Probation Division 3—Duties, classification, promotion and transfer 102 Assignment of duties and transfer to non-teaching position within Department 103 Transfer within teaching service 104 Classification of officers and positions 105 Application to Chief Executive for reclassification 106 Appointment to promotional level positions Division 4—Long service leave 107 Long service leave and retention entitlement 108 Taking leave 109 Payment in lieu of long service leave 110 Interruption of service where officer leaves teaching service 110A Special provisions relating to interruption of service of certain term employees 111 Special provisions relating to certain temporary officers of the teaching service 112 Entitlement where officer transferred to other public sector employment 113 Entitlement of persons transferred to the teaching service Division 5—Disciplinary action and management of unsatisfactory performance 114 Disciplinary action 115 Managing unsatisfactory performance 116 Reduction in remuneration level 117 Suspension Division 6—Physical or mental incapacity of officers of the teaching service 118 Physical or mental incapacity of officers of the teaching service Division 7—Resignation and termination 119 Resignation 120 Termination Part 10—Other employment and staffing arrangements 121 Chief Executive may employ other persons for purposes of Act 122 Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part 123 Use of staff etc of administrative units of the Public Service Part 11—Appeals Division 1—Review by South Australian Employment Tribunal 124 Review by SAET of certain decisions and determinations Division 2—Appeals to Administrative and Disciplinary Division of the District Court 125 Appeal against certain actions of Minister or Chief Executive Part 12—Authorised officers 126 Authorised officers 127 Powers of authorised officers 128 Offence to hinder etc authorised officers Part 13—Financial provisions Division 1—Materials and services charges for schools 129 Materials and services charges for schools Division 2—Other fees and charges 130 Charges for certain overseas and non-resident students etc 131 Certain other charges etc unaffected Division 3—Recovery of amounts payable to the Commonwealth 132 Recovery of amounts payable to the Commonwealth Part 14—Miscellaneous 133 Exemptions 134 Use of certain school premises etc for both school and community purposes 135 Proceedings for offences 136 Commencement of prosecution for offence against Act 137 Confidentiality 138 Protections, privileges and immunities 139 Evidentiary provisions 140 Service 141 Regulations Schedule 1—Transitional provisions etc Part 13—Transitional and other provisions 18 Continuation of schools established etc under Education Act 1972 19 Continuation of school councils 20 Continuation of affiliated committees 21 Classification of officers etc under section 15A of Education Act 1972 to continue 22 Designation of principals 23 Continuation of appointments of officers of the teaching service 24 Continuation of other appointments under section 101B of Education Act 1972 25 Continuation of staff appointed under section 12 of Children's Services Act 1985 26 Continuation of curriculum 27 Continuation of enrolments 28 Suspensions, exclusions and expulsions of students to continue 29 Prohibition notices 30 Exemptions under section 81A of Education Act 1972 to continue 31 Continuation of advisory committees 33 Authorisation of authorised officers to continue 34 Recovery etc of outstanding fees and charges 35 Continuation of arrangements under section 102A 36 Continuation of administrative instructions 37 Continuation of delegations under Education Act 1972 38 Appointment of Director of Children's Services nominee to Teachers Registration Board continued 39 Appointment of Director of Children's Services nominee to Education and Early Childhood Services (Registration and Standards) Board continued 40 Continuation of review panel 41 Continuation of registration of student exchange organisations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Education and Children's Services Act 2019. 3—Interpretation (1) In this Act, unless the contrary intention appears— approved learning program means a program that— (a) consists of secondary education provided under this Act; or (b) counts towards, or is otherwise required for, the award of a degree, diploma or other award provided by a university declared by the regulations to be a university or class of universities that is within the ambit of this paragraph for the purposes of this Act; or (c) consists of technical and further education provided by TAFE SA; or (d) consists of an accredited course provided by a registered training organisation (within the meaning of the South Australian Skills Act 2008) or a law of the Commonwealth or another State or a Territory of the Commonwealth relating to higher education, vocational education and training and adult community education (other than a course or training organisation excluded from the ambit of this definition by the regulations for the purposes of this Act); or (e) is an apprenticeship or traineeship undertaken with a registered employer (within the meaning of the South Australian Skills Act 2008) (and any relevant work undertaken as part of the apprenticeship or traineeship will be taken to form part of the program); or (f) is a program of a class declared by the Minister by notice in the Gazette to be an approved learning program; or (g) complies with any other requirements set out in the regulations; authorised officer—see section 126; Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; child of compulsory education age means a child who is 16 years of age; child of compulsory school age means a child who is— (a) of or above— (i) if the regulations prescribe an age for the purposes of this paragraph—that age; or (ii) if the regulations do not prescribe an age for the purposes of this paragraph—6 years of age; and (b) less than 16 years of age; children's services includes services of the following kinds (being services provided to, or for the benefit of, children): (a) preschool education; (b) child care provided on a not for profit basis that is wholly or partly Government-funded; (c) any other service of a kind prescribed by the regulations for the purposes of this Act; children's services centre means a children's services centre established under this Act (being a place at which children's services are provided); Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; director, of a stand‑alone preschool or children's services centre, means the person for the time being designated by the Chief Executive as the director of the stand‑alone preschool or children's services centre (as the case requires); governing authority, of a non-Government school, means the person, board, committee or other authority by which the school is administered; governing council, of a stand‑alone preschool or children's services centre, means— (a) in the case of a children's services centre to which Part 4 Division 3 applies—the management committee of the children's services centre continued as the governing council of the children's services centre or stand‑alone preschool (as the case requires) under section 26; and (b) in any other case—the governing council for the preschool or children's services centre established under section 19; governing council, of a school, means the governing council for the school established under section 34; Government preschool means a school‑based preschool or stand‑alone preschool; Government school means a school established under this Act or a repealed Act and includes (other than for the purposes of Part 5) a special purpose school; head of an approved learning program means— (a) if the learning program consists of secondary education—the principal of the school at which the program is provided; or (b) in any other case—the person, or person of a class, prescribed by the regulations for the purposes of this paragraph; local council means a council constituted under the Local Government Act 1999; merit, in relation to a selection process, means— (a) the extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the carrying out of the duties in question; and (b) if relevant— (i) the manner in which each of the applicants carried out any previous employment or occupational duties or functions; and (ii) the extent to which each of the applicants has potential for development; model constitution means a model constitution published under section 10, as in force from time to time; non‑Government school means a school that is registered under the Education and Early Childhood Services (Registration and Standards) Act 2011 that is not a Government school; officer of the teaching service or officer means a person appointed as an officer of the teaching service under Part 9; parent, of a student or child, includes— (b) a guardian of the student or child; and (c) a person standing in loco parentis to the student or child; preschool means a place at which education services are provided to children who have not yet attained the compulsory school age (and preschool education will be taken to have a corresponding meaning) but a reference to a preschool, or to preschool education, will be taken not to include a reference to the provision of primary education to such children at a school; principal of a school means— (a) in relation to a Government school—the person for the time being designated by the Chief Executive as the principal of the school; or (b) in relation to a non-Government school—the person for the time being designated by the governing authority of the school as the principal of the school; promotional level, in relation to a position in the teaching service, means a classification level for a position declared by the regulations to be a promotional level for the purposes of this Act; public sector has the same meaning as in the Public Sector Act 2009; public sector code of conduct means the public sector code of conduct under the Public Sector Act 2009, as in force from time to time; reclassify includes alter an entitlement of an officer of the teaching service to an increment of remuneration; registered student exchange organisation means a person or body registered as a student exchange organisation under section 85; repealed Acts means the Education Act 1972 and the Education Act 1915; responsible for a child or responsible for a student—see subsection (2); SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; school means a school at which primary or secondary education or both is, or is to be, provided (whether or not preschool education is also provided at the school); school‑based preschool means a preschool established under this Act as a part of, and providing preschool education as a program of, a Government school; special purpose school means a special purpose school established under Part 6; special school means a Government school established for the benefit of a particular class of children who require some special form of education, treatment or care; stand‑alone preschool means a preschool established under this Act that is not a school‑based preschool; student, in relation to a school or approved learning program, means a student enrolled at the school or in the approved learning program; teacher means a person who gives, or is qualified to give, instruction in 1 or more of the following: (a) preschool education; (b) primary education; (c) secondary education; teaching service means the teaching service constituted under Part 9 (and, for the purposes of this Act, a reference to the teaching service will be taken to include a reference to the teaching service as constituted under the repealed Acts); term employee means an employee appointed for a specified term; working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016. (2) For the purposes of this Act, a person is responsible for a child or student if the person is— (a) a parent of the child or student; or (b) a person of a class declared by the regulations to be included within the ambit of this subsection for the purposes of this Act, however, a person will be taken not to be responsible for a child or student if the person's guardianship or custody of, or responsibility for, the child or student is excluded under any Act or law. (3) For the purposes of this Act, a reference to a school, preschool or children's services centre includes, unless the context requires otherwise, a reference to a campus or site other than the principal site at which services are provided by the school, preschool or children's services centre. (4) For the purposes of this Act, a reference to participation in an approved learning program includes a reference to attending at the place or places at which the approved learning program is conducted. (5) For the purposes of this Act, a reference to the effective service of an officer of the teaching service is a reference to— (a) — (i) in the case of an officer to whom section 111 applies—the period (if any) of the officer's continuous service in the teaching service determined in accordance with that section; or (ii) in any other case—the period (if any) of the officer's continuous service in the teaching service; and (b) any other period that is, by determination of the Chief Executive, to be regarded as forming the whole, or part, of the officer's effective service, but does not include any period that is, by determination of the Chief Executive, not to be regarded as a period of effective service. (6) A reference in any other Act to the employing authority under this Act or a repealed Act will be taken to be a reference to the Chief Executive. 4—Application of Act to non‑Government schools (1) The following provisions of this Act apply only to Government schools: (a) section 9; (b) Part 5; (c) Part 6; (d) sections 62, 63 and 64(5); (e) Part 7 Division 3 and Division 4; (f) Part 9; (g) Part 10; (h) Part 11 Division 1; (i) Part 13 Division 1 and Division 2. (2) A provision of this Act not referred to in subsection (1) that is expressed to apply only to Government schools will be taken not to apply to a non‑Government school. (3) Each other provision of this Act (not being a provision referred to in a preceding subsection) applies to Government and non-Government schools. 5—Interaction with other Acts This Act is in addition to, and does not derogate from, any other Act or law. 6—Minister may acquire land The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act. Part 2—Objects and principles 7—Objects and principles (1) The objects of this Act include— (a) ensuring that education provided to children and students in this State is of a high quality; and (b) ensuring that children's services provided at children's services centres in this State are of a high quality; and (c) ensuring the development of an accessible range of education and children's services that meet the needs of all groups in the community; and (d) promoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services to children and students in this 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. (2) It is a further object of this Act to acknowledge the efforts and dedication of all teachers and educators (including school services officers, early childhood workers and Aboriginal education workers) in respect of the education of the children and students of this State, as well as their importance to the successful development of children and the success of the education and children's services sectors generally. (3) It is a further object of this Act to recognise the diversity of the student body in this State. (4) The following principles must be taken into account in relation to the operation, administration and enforcement of this Act: (a) the best interests of children and students is the paramount consideration; (b) every child has a right to education; (c) the cultural and religious diversity of the student population must be recognised; (d) children and students should not be unlawfully discriminated against on the ground of their gender, mental or physical impairment, religion or race, nor that of their parents; (e) the involvement of children, students, parents, persons other than parents who are responsible for children and other members of the community in relation to the education and development of children and students should be promoted; (f) children, students, stakeholders and communities should be consulted in respect of decisions under this Act that may affect them; (g) education and children's services provided by Government schools, Government preschools and children's services centres are to be secular in nature; (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 (including, for example, by singing Christmas carols). Part 3—Administration 8—Functions of Chief Executive (1) The functions of the Chief Executive under this Act include— (a) determining the curriculum in accordance with which instruction is provided in Government schools; and (b) determining the content and nature of services provided at Government preschools and children's services centres; and (c) providing for the education and training of teachers; and (d) maintaining efficiency and competency in the teaching service; and (e) ensuring that the expertise and qualifications of persons who provide children's services are of the highest possible standards; and (f) providing or arranging residences for the accommodation of teachers or students; and (g) providing or arranging transport of students to and from Government schools; and (h) developing or adopting, and implementing, policies relating to the provision of education and children's services and keeping the operation of those policies under constant review and evaluation; and (i) keeping the public informed of the availability of education and children's services and how they may be accessed; and (j) reviewing the special needs of particular groups of children (including those living with disability and those who are economically disadvantaged) and providing, assisting in the provision of or promoting services to meet those needs; and (k) collaborating and consulting with Government and non-Government organisations in relation to the provision of education and children's services; and (l) promoting the involvement of parents, persons other than parents who are responsible for children and other members of the community in the provision of education and children's services; and (m) such other functions as may be conferred on the Chief Executive under this or any other Act or by the Minister. (2) Subject to this Act, the Chief Executive has such powers as may be necessary or expedient for the performance of the Chief Executive's functions. 9—Administrative instructions (1) The Chief Executive may issue administrative instructions to governing councils or affiliated committees of schools, stand‑alone preschools and children's services centres. (2) Without limiting the matters in respect of which administrative instructions may be issued, administrative instructions may be issued in respect of materials and services for which materials and services charges may be imposed under Part 13. (3) An administrative instruction may be varied or revoked by further administrative instruction. (4) An administrative instruction— (a) may be of general application or limited application; and (b) may make different provision according to the matters or circumstances to which it is expressed to apply. (5) Governing councils and affiliated committees are bound by administrative instructions under this section. 10—Model constitutions (1) The Minister must, by notice in the Gazette, publish model constitutions of the following kinds for the purposes of this Act: (a) a model constitution for governing councils of schools without a school‑based preschool; (b) a model constitution for governing councils of schools with a school‑based preschool; (c) a model constitution for governing councils of stand‑alone preschools; (d) a model constitution for governing councils of children's services centres; (e) a model constitution for affiliated committees, and may publish such other model constitutions as the Minister thinks fit. (2) Without limiting the provisions that may be included in a model constitution for governing councils, each such model constitution (other than a model constitution for affiliated committees) must contain provisions requiring— (a) the governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school or the director of the preschool or children's services centre (as the case requires); and (b) the members of the governing council to comply with a code of practice approved by the Minister. (3) The Minister may, by notice in the Gazette, vary, substitute or revoke a model constitution. (4) The Minister must cause copies of each model constitution and each code of practice approved by the Minister, as in force from time to time, to be published on a website determined by the Minister. 11—Advisory committees (1) The Minister may appoint an advisory committee or committees to advise the Minister or the Chief Executive on any matter related to the operation of this Act or the provision of education and children's services in this State. (2) An advisory committee consists of such members as the Minister thinks fit. (3) A member of an advisory committee will hold office on conditions, and for a term, determined by the Minister. (4) A member of an advisory committee is entitled to such allowances and expenses as may be determined by the Minister. (5) Subject to any direction of the Minister, an advisory committee may determine its own procedures. 12—Delegation (1) The Minister or the Chief Executive may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 13—Chief Executive may require information (1) The Chief Executive may, by notice in writing, require the principal of a school to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, enrolled at the school) as may be in the school's possession and that the Chief Executive reasonably requires for the purposes of this Act. (2) The Chief Executive may, by notice in writing, require the director of a stand‑alone preschool to provide to the Chief Executive such specified information relating to a specified child (being a child who is attending, or attended, the preschool) as may be in the preschool's possession and that the Chief Executive reasonably requires for the purposes of this Act. (3) The Chief Executive may, by notice in writing, require the director of a children's services centre to provide to the Chief Executive such specified information relating to a specified child (being a child who is, or was, being provided with children's services at or by the children's services centre) as may be in the children's services centre's possession and that the Chief Executive reasonably requires for the purposes of this Act. (4) The Chief Executive may, by notice in writing, require a specified person or body to provide to the Chief Executive such specified information relating to a specified child as may be in the person's or body's possession and that the Chief Executive reasonably requires for the purposes of this Act. (5) A person must provide information required under this section to the Chief Executive in the manner, and within the period, specified in the notice. (6) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section. Maximum penalty: $2 500. (7) If a person refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1), the Chief Executive may, after consultation with the person— (a) report the refusal or failure to the Minister; and (b) include details of the refusal or failure in the annual report of the Department. 14—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Chief Executive; (b) schools; (c) stand‑alone preschools; (d) children's services centres; (e) State authorities; (f) any other person or body declared by the regulations to be included within the ambit of this subsection. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations for the purposes of this Act, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform official functions relating to the education, health, safety, welfare or wellbeing of a child; or (b) to manage any risk to a child or class of children that might arise in the recipient's capacity as an employer or provider of services. (3) Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether or not the information or documents ever disclosed the identity of a person, or has been redacted so as to de-identify it. (5) Information may be provided under this section regardless of whether the provider has been requested to provide the information. (6) A person or body who receives information or documents under this section must not (unless the information or documents are otherwise provided to a person or body to which this section applies under this section) disclose or communicate the information or documents to another person or body except where the disclosure or communication— (a) is required to assist the person or body disclosing or communicating the information or documents in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or (b) is required to assist the person or body disclosing or communicating the information or documents in the management of any risk to a child or class of children that might arise in the person's or body's capacity as an employer or provider of services; or (c) is reasonably required to lessen or prevent a serious threat to the life, health or safety of a child or other persons; or (d) is required or authorised under this Act or any other Act or law; or (e) is required or authorised by an order of a court or tribunal; or (f) is with the consent of— (i) in the case of information or documents that relate to a child—a person responsible for the child to whom it relates; or (ii) in any other case—the person to whom the information or documents relate; or (g) is in circumstances or for a purpose prescribed by the regulations. Maximum penalty: $10 000. (7) Information or documents that have been disclosed or communicated under this section for a particular purpose must not be used for any other purpose by— (a) the person to whom the information or documents were disclosed or communicated; or (b) any other person who gains access to the information or documents (whether properly or improperly and whether directly or indirectly) as a result of that disclosure or communication, unless— (c) it relates to the health, safety, welfare or wellbeing of a child or class of children; or (d) it is in circumstances or for a purpose prescribed by the regulations. Maximum penalty: $10 000. (8) In this section— prescribed information and documents means— (a) information or documents relating to the education, health, safety, welfare or wellbeing of a particular child or class of children; or (b) any other information or document of a kind prescribed by the regulations for the purposes of this definition; State authorities—the following persons and bodies are State authorities: (a) a person who holds an office established by an Act; (b) a public sector agency; (c) South Australia Police; (d) a local council constituted under the Local Government Act 1999; (e) any incorporated or unincorporated body— (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, cooperatives, societies or other voluntary organisations); or (iii) established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); (f) any other person or body declared by the regulations to be a State authority for the purposes of this Act, but does not include a person or body declared by the regulations to be excluded from the ambit of this definition. 15—Report (1) The Chief Executive must, on or before 31 March in each year, report to the Minister on the operation of the Department during the 12 months ending on 31 December in the preceding year. (2) A report under this section must include the information required by the regulations. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Part 4—Preschools and children's services centres Division 1—School‑based preschools 16—Minister may establish school‑based preschools (1) The Minister may establish such school‑based preschools as the Minister thinks fit. (2) A school‑based preschool— (a) must be established in relation to the school specified by the Minister; and (b) must provide preschool education as a program of the specified school; and (c) will, for the purposes of this Act, be taken to form part of the specified school, (and, for the purposes of this Act and the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law, a reference to the school will, unless the contrary intention is indicated, be taken to include a reference to the school‑based preschool). (3) A school‑based preschool— (a) may consist of such number of campuses or sites as the Minister thinks fit; and (b) need not be located at the same campus or site as the specified school in relation to which it is established. (4) To avoid doubt, if a school‑based preschool consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. 17—Governing councils of school‑based preschools (1) Subject to this Act, the governing council of the school in relation to which a school‑based preschool is established is the governing council for the school‑based preschool. (2) If the Minister establishes a school‑based preschool in relation to an existing school, the Minister— (a) must appoint to the governing council of the school such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool; and (b) must take such action under section 40 as the Minister thinks fit to ensure the constitution of the governing council reflects the establishment of the preschool; and (c) must comply with any other requirements set out in the regulations. (3) If the Minister establishes a school‑based preschool in relation to a new school, the Minister must ensure that the governing council of the school established under section 34 includes such number of persons who are responsible for children attending, or who are to attend, the preschool as the Minister considers appropriate to represent the preschool. Division 2—Stand‑alone preschools and children's services centres 18—Minister may establish stand‑alone preschools and children's services centres (1) The Minister may establish such stand‑alone preschools as the Minister thinks fit. (2) The Minister may establish such children's services centres as the Minister thinks fit. (3) A stand‑alone preschool or children's services centre may consist of such number of campuses or sites as the Minister thinks fit. (4) To avoid doubt, if a stand‑alone preschool or children's services centre consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool or children's services centre for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. 19—Governing councils of stand‑alone preschools and children's services centres (1) The Minister must, by notice in the Gazette, establish a governing council for each stand‑alone preschool or children's services centre. (2) Subject to this Act, the same body may be the governing council for 2 or more stand‑alone preschools or children's services centres, or a combination of stand‑alone preschools and children's services centres. (3) The governing council of a stand‑alone preschool or children's services centre— (a) is a body corporate with perpetual succession and a common seal; and (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (c) is not an agency or instrumentality of the Crown. (4) Except where the governing council adopts a constitution approved by the Minister under section 21, the governing council of a stand‑alone preschool or children's services centre is to operate under the model constitution for governing councils of the relevant kind. (5) Subject to this Act and its constitution, the governing council of a stand‑alone preschool or children's services centre may determine its own procedures. (6) The regulations may make further provision in relation to governing councils of stand‑alone preschools and children's services centres for the purposes of this Act. 20—Composition of governing councils of stand‑alone preschools and children's services centres (1) Subject to this Act, the governing council for a stand‑alone preschool or children's services centre consists of— (a) the director of the preschool or children's services centre (ex officio); and (b) such number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act. (2) Subject to this Act, a majority of the persons appointed under subsection (1)(b) must be persons who are responsible for children attending, or who are to attend, the stand‑alone preschool or children's services centre. (3) The governing council of a stand‑alone preschool or children's services centre must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who— (a) is responsible for a child attending, or a child who is to attend, the stand‑alone preschool or children's services centre; and (b) is not a member of the staff of the stand‑alone preschool or children's services centre, (however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member). (4) If an election of members of the governing council of a stand‑alone preschool or children's services centre fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then— (a) the Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and (b) if that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case). (5) To avoid doubt, subsection (4) applies despite any provision of a governing council's constitution to the contrary. 21—Approval of constitutions by Minister (1) The Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a stand‑alone preschool or children's services centre. (2) An application under subsection (1)— (a) must be made in a manner and form determined by the Minister; and (b) must be accompanied by a copy of the proposed constitution. (3) However, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains— (a) the information and provisions required by the regulations in respect of a constitution of the relevant kind; and (b) a provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the director of the stand‑alone preschool or children's services centre; and (c) a provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and (d) any other information or provisions that the Minister may reasonably require (including provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council). (4) Nothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution. (5) The Minister must cause a copy of each constitution approved under this section, as in force from time to time— (a) to be kept available for public inspection during normal office hours at an office determined by the Minister; and (b) to be published on a website determined by the Minister. 22—Amendment of constitutions (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a stand‑alone preschool or children's services centre. (2) An amendment of a constitution under subsection (1) has effect— (a) if the notice specifies a day on which the amendment is to have effect—from that day; or (b) if the notice does not specify such a day—from the day on which the notice is published in the Gazette. (3) Without limiting subsection (1), the Minister may, by notice in writing, direct the governing council of a stand‑alone preschool or children's services centre to make such amendments to its constitution as are specified in the notice. (4) However, the Minister must not give a direction under subsection (3) unless the Minister— (a) has given written notice to the governing council setting out the proposed amendments at least 3 months before the direction; and (b) has had regard to any submissions made by the governing council before the date specified in the notice. (5) Subject to this Act, the governing council of a stand‑alone preschool or children's services centre may amend its constitution in accordance with its constitution. (6) An amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations. 23—Functions and powers of governing councils Subject to this Act, the governing council of a stand‑alone preschool or children's services centre— (a) is jointly responsible with the director of the preschool or children's services centre for the governance of the preschool or children's services centre; and (b) is to fulfil the roles specified in the constitution of the preschool or children's services centre in respect of— (i) strategic planning for the preschool or children's services centre; and (ii) determining policies for the preschool or children's services centre; and (iii) determining the application of the total financial resources available to the preschool or children's services centre; and (iv) presenting operational plans and reports on its operations to the community and the Minister, and has such other functions and powers as may be conferred on it— (c) by or under this Act; or (d) by the Minister or the Chief Executive; or (e) by its constitution. 24—Limitations on powers of governing councils (1) The governing council of a stand‑alone preschool or children's services centre may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent. (2) The governing council of a stand‑alone preschool or children's services centre may only borrow money with the Minister's written consent. (3) The governing council of a stand‑alone preschool or children's services centre must not interfere, or take any action that interferes, with— (a) in the case of a stand‑alone preschool—the provision, or the day-to-day management of the provision, of preschool education in the preschool; or (b) in the case of a children's services centre—the provision, or the day-to-day management of the provision, of children's services at the children's services centre; or (c) in any case—the administration of discipline to children attending the stand‑alone preschool or children's services centre. (4) The governing council of a stand‑alone preschool or children's services centre must not give directions to the director of the preschool or children's services centre or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council), in relation to the manner in which the person carries out their duties. (5) A complaint received by the governing council of a stand‑alone preschool or children's services centre against the director or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council) must— (a) in the case of a complaint against the director—be passed on without comment to the Chief Executive; and (b) in any other case—be passed on without comment to the director of the preschool or children's services centre. (6) The Treasurer may guarantee repayment by a governing council of a stand‑alone preschool or children's services centre of a loan (together with interest and incidental charges connected with the loan). (7) A liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent). Division 3—Continuation of children's services centres registered under Children's Services Act 1985 25—Application of Division (1) This Division applies to a children's services centre that was, immediately before the commencement of this section, registered under the Children's Services Act 1985 (a registered children's services centre). (2) Nothing in this Division affects the registration (if any) of a registered children's services centre under the Education and Early Childhood Services (Registration and Standards) Act 2011. 26—Continuation of registered children's services centres (1) Subject to this Act, the following provisions apply to a registered children's services centre: (a) the registered children's services centre will be taken to continue as— (i) a stand‑alone preschool established under this Act; or (ii) a children's services centre established under this Act, (determined according to the services provided by the registered children's services centre immediately prior to the commencement of this section); (b) the management committee of the registered children's services centre will continue as the governing council of the children's services centre or stand‑alone preschool (and sections 19 and 20 will be taken not to apply to the governing council); (c) the constitution of the registered children's services centre (as in force immediately before the commencement of this section) continues in force as the constitution of the children's services centre or stand‑alone preschool. (2) To avoid doubt, a registered children's services centre continues as a stand‑alone preschool or a children's services centre under subsection (1)(a) as a body corporate. (2a) A reference in this Act to a stand‑alone preschool or children's services centre continued under this section (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). (2b) 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). Example— Section 24 contemplates the governing council of a stand‑alone preschool or children's services centre entering into a transaction, or borrowing money. (3) A reference in any Act, instrument or document to a registered children's services centre, or to the management committee of a registered children's services centre, is to be construed according to the operation of subsection (1). (4) Nothing in this section affects any title to the property, assets or liabilities of a registered children's services centre. (5) A stand‑alone preschool or children's services centre continued under this Division is exempt from the payment of land tax under the Land Tax Act 1936. 26A—Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act (1) Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified stand‑alone preschool or children's services centre continued by section 26 will be taken to be a stand‑alone preschool or children's services centre established under this Act. (2) Before making a declaration under this section in relation to a stand‑alone preschool or children's services centre, the Minister must consult with the governing council of the stand‑alone preschool or children's services centre. (3) On the day specified in the notice under subsection (1)— (a) Sections 19 (other than subsection (1)) and 20 will apply to the governing council of the stand‑alone preschool or children's services centre; and (b) section 26 ceases to apply to the stand‑alone preschool or children's services centre; and (c) the incorporation of the stand‑alone preschool or children's services centre is dissolved; and (d) the property (including, to avoid doubt, real property), assets and liabilities of the stand‑alone preschool or children's services centre (as existing immediately before the day specified in the notice) will vest in the Minister; and (e) the stand‑alone preschool or children's services centre will be taken to be a stand‑alone preschool or children's services centre (as the case requires) established under section 18. (4) The Minister may, by notice in the Gazette, transfer specified property, assets or liabilities vested in the Minister under this section to a specified person or body. (5) No stamp duty is payable under a law of the State in respect of a transfer under subsection (4). (6) To avoid doubt, a declaration may be made under this section in relation to a stand‑alone preschool or children's services centre without the need to close the stand‑alone preschool or children's services centre in accordance with section 29. (7) The regulations may make further provision in relation to declarations under this section. Division 4—Removal of members of governing councils etc 27—Minister may remove member of governing council The Minister may remove a member of the governing council of a stand‑alone preschool or children's services centre from office— (a) for misconduct (including any breach of a code of practice approved by the Minister under section 10(2)(b) and applying to the member); or (b) for failure or incapacity to carry out the duties of office satisfactorily; or (c) for any other reasonable cause. 28—Minister may prohibit or limit performance of functions etc by governing council (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in writing, prohibit or limit the performance of a specified function, or the exercise of a specified power, by the governing council of a stand‑alone preschool or children's services centre. (2) The Minister must cause a copy of a notice under subsection (1) to be given to the director of the stand‑alone preschool or children's services centre (as the case requires). (3) A prohibition or limitation imposed under this section— (a) must comply with any requirements set out in the regulations; and (b) has effect despite the provisions of the constitution of the governing council. (4) The Minister may, by notice in writing, vary or revoke a notice under subsection (1). Division 5—Closure of stand‑alone preschools and children's services centres 29—Closure of stand‑alone preschools and children's services centres (1) The Minister may, on an application by the governing council of a stand‑alone preschool or children's services centre, close the stand‑alone preschool or children's services centre. (2) The Minister may, on the Minister's own motion, close a stand‑alone preschool or children's services centre— (a) in the case of a stand‑alone preschool (including a stand‑alone preschool continued under Division 3)—if less than 10 children per year attend the preschool for a period of 2 successive years; or (b) in any case—in any circumstances prescribed by the regulations for the purposes of this subsection. (3) In the case of the closure of a stand‑alone preschool or a children's services centre (other than a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (4) Subject to any provision of the constitution of the preschool or children's services centre to the contrary, in the case of the closure of a stand‑alone preschool or a children's services centre (being a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (5) The Minister may, by notice in the Gazette, dissolve the incorporation of a stand‑alone preschool or children's services centre closed under this section, or the governing council of such a preschool or children's services centre. (5a) If the governing council of a stand‑alone preschool or children's services centre is dissolved under this section— (a) the Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council to a specified person or body; and (b) any remaining assets and liabilities of the governing council vest in the Minister. (5b) No stamp duty is payable under a law of the State in respect of a transfer under subsection (5a). (6) However, the Minister need not comply with the requirements of this section in relation to the temporary closure of a stand‑alone preschool or children's services centre in an emergency or for the purposes of carrying out building work. (7) The regulations may make further provision in relation to the closure of stand‑alone preschools and children's services centres for the purposes of this Act. Division 6—Miscellaneous 30—Conflict of interest (1) A member of the governing council of a stand‑alone preschool or children's services centre who has a direct or indirect pecuniary interest in a contract or proposed contract with the governing council— (a) must, as soon as the member becomes aware of the interest, disclose the nature of the interest to the governing council; and (b) must not take part in discussions or decisions of the governing council with respect to that contract; and (c) must not vote in relation to that contract; and (d) must be absent from the meeting room when any such discussion or voting is taking place. Maximum penalty: $20 000. (2) If a member of the governing council of a stand‑alone preschool or children's services centre discloses an interest in a contract or proposed contract in accordance with this section— (a) the contract is not liable to be avoided by the governing council on any ground arising from the fiduciary relationship between the member and the governing council; and (b) the member is not liable to account for profits derived from the contract. (3) This section does not apply in relation to a contract in which a member of the governing council of a stand‑alone preschool or children's services centre has an interest while the member remains unaware that they have an interest in the contract, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the interest. 31—Accounts may be audited The Chief Executive or the Auditor-General may, at any time, inspect or audit accounts kept by the governing council of a stand‑alone preschool or children's services centre. 32—Corporal punishment prohibited (1) Corporal punishment (however described) must not be imposed on a child enrolled in, or attending at, a preschool or children's services centre. (2) The Chief Executive must take all reasonable steps to ensure that principals, directors, officers of the teaching service and all other persons employed in, or in relation to, a Government preschool or children's services centre comply with subsection (1). (3) For the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life. Part 5—Government schools Division 1—Establishment of schools 33—Minister may establish schools (1) The Minister may establish such schools as the Minister thinks fit. (2) A school may consist of such number of campuses or sites as the Minister thinks fit. (3) To avoid doubt, if a school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. Division 2—Governing councils and affiliated committees Subdivision 1—Governing councils and affiliated committees 34—Governing councils of schools (1) The Minister must, by notice in the Gazette, establish a governing council for each school established under this Act. (2) Subject to this Act, the same body may be the governing council for 2 or more schools. (3) A governing council— (a) is a body corporate with perpetual succession and a common seal; and (b) has, subject to this Act and its constitution, all t