Education Act 1972 (SA)

South Australia

Education Act 1972

An Act to make proper provision for primary and secondary education in this State; to make proper provision for education alternatives to traditional secondary schooling; and for other purposes.

Contents

Part 1—Preliminary

1Short title

5Interpretation

Part 2—The Minister and the Department

Division 1—The Minister

6Administration of this Act

7The Minister

8Power of delegation

9General powers of Minister

10Advisory committees

Division 2—The Department

12Duties of the Director-General

13Delegation

14Report

Part 2A—Closure or amalgamation of Government schools

14AApplication of Part

14BProcess for closure or amalgamation of Government schools

14CReview committee

14DConduct of review

14EReport on review

14FMinister's decision as to closure or amalgamation

Part 3—The teaching service

Division 1—Appointment to the teaching service

15Appointment to teaching service

Division 1A—Classification, promotion and transfer

15AClassification of officers and positions

15BAppointment to promotional level positions

15CTransfer

Division 2—Retrenchment and retirement of officers

16Retrenchment of officers of the teaching service

17Incapacity of members of the teaching service

Division 3—Long service leave

19Long service leave and retention entitlement

20Taking of leave

21Payment in lieu of long service leave

22Interruption of service

22ASpecial provisions relating to certain temporary officers of the teaching service

23Transfer of teachers to other Government employment

24Rights of persons transferred to the teaching service

Division 4—Retiring age

25Retiring age

Division 5—Discipline

26Disciplinary action

27Suspension

Division 6—Reclassification

28Application to Director-General for reclassification

29Appointment and selection of supplementary panel members for classification reviews

30Review of Director-General's decision

Division 8—Promotional level positions—appointments and reviews

53Promotional level positions—appointments and reviews

54Appointment and selection of supplementary panel members for reviews

Part 6—Compulsory enrolment and attendance etc

74Interpretation

75Compulsory enrolment of children

75ADirection by Director-General that child be enrolled in particular school

75CAppeal against direction of Director-General or Minister

75DApproved learning programs

75EReport on operation of Part

76Compulsory attendance and participation

78Employment of children of compulsory school age or compulsory education age

79Attendance

80Authorised officers

80APowers of authorised officers

80BOffence to hinder etc authorised officers

81Evidentiary provision

81AExemptions

Part 7—Courses of instruction

82Determination of curriculum

Part 8—School councils

83School councils

84Constitution of school council

85Establishment and dissolution of school councils

86Affiliated committees (eg Parents & Friends)

87Constitution of affiliated committee

88Amendment of constitution of school council or affiliated committee

89Model constitutions

90Copies of constitutions and codes of practice to be available for inspection

91Limitation on power to deal with real property

92Limitation on power to borrow money

93General limitation in respect of curriculum, discipline and staff

94Conflict of interest

95Accounts

96Administrative instructions

97Minister's power to remove members

98Minister's power to suspend powers or functions in urgent circumstances

99Validity of acts

100Immunity

Part 10—Miscellaneous

101ASpecial provisions relating to rate of remuneration for part-time officers and employees

101BOther staffing arrangements

101CEmploying authority—related matters

102Religious education

102AArrangements under which land, buildings and facilities may be used for both school and community purposes

103Educational census

104Offence of insulting a teacher

105Proceedings for offences

106Moneys required for the purposes of this Act

106AMaterials and services charges for curricular activities

106BCharges for certain overseas and non-resident students

106CCertain other payments unaffected

107Regulations

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Education Act 1972.

5—Interpretation

(1)In this Act, unless the contrary intention appears—

adult means a person who has attained 18 years of age;

affiliated committee—see section 86;

child of compulsory education age means a person who is 16 years of age;

child of compulsory school age means a child of or above the age of 6 years but under the age of 16 years;

classify includes reclassify;

correspondence school means a correspondence school established under this Act;

Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

Director‑General means the chief executive of the Department;

employing authority means—

(a)unless paragraph (b) applies—the Director-General; or

(b)if the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition;

governing authority in relation to a non-Government school or proposed non-Government school, means the person, board, committee or other authority by which the school is or will be administered;

governing council means a school council that is, under its constitution, jointly responsible with the head teacher of the school for the governance of the school;

Government school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011;

head teacher means—

(a)in relation to a Government school—the person for the time being designated by the Director-General as the head teacher of the school;

(b)in relation to a non-Government school—the person for the time being designated by the governing authority as the head teacher of the school;

the Institute of Teachers means the South Australian Institute of Teachers Incorporated;

the Minister means the Minister of Education or any other Minister of the Crown for the time being exercising and discharging the functions and responsibilities of the Minister of Education;

non‑Government school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011;

officer in relation to the teaching service means a teacher holding office in the teaching service;

parent of a child includes—

(a)a person who has legal custody or guardianship of the child; and

(b)a person standing in loco parentis in relation to the child,

but does not include a parent of the child where another parent or person has legal custody or guardianship of the child to the exclusion of that parent;

pre-school education means the provision of courses of training and instruction to children who have not yet attained the age of five years;

promotional level in relation to a position in the teaching service means a classification level for a position declared by regulation to be a promotional level;

reclassify includes alter an officer's entitlement to an increment of remuneration;

registered school means a school registered under the Education and Early Childhood Services (Registration and Standards) Act 2011;

the repealed Act means the Education Act 1915 repealed by this Act;

residence means any form of accommodation provided by the Minister for an officer of the teaching service or any other person;

SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;

school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011;

special school means a school established for the benefit of a particular class of children who require some special form of education, treatment or care;

teacher means a person who gives or is qualified to give instruction in any course of—

(a)pre-school education; or

(b)primary education; or

(c)secondary education;

the teaching service means the teaching service constituted under Part 3, and includes the teaching service as constituted under the repealed Act;

technical education includes instruction in the principles and practice of any industrial, commercial, agricultural or domestic science or art.

(2)A reference in this Act to the effective service of an officer is a reference to—

(a)—

(i)in the case of an officer to whom section 22A 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 Minister, 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 Minister, not to be regarded as a period of effective service for the purposes of this Act.

(3)The Minister may, by instrument in writing, determine in relation to any specified officers, or officers of any specified class, that a period referred to in the instrument is, or is not, to be regarded as a period of effective service for the purposes of this Act.

(4)The Governor may, from time to time as the Governor thinks fit, vary or revoke a proclamation made for the purposes of the definition of employing authority, or make a new proclamation for the purposes of that definition.

(5)If—

(a)the Director-General is the employing authority under this Act; and

(b)a provision of this Act—

(i)requires that a matter be referred to the employing authority by the Director-General; or

(ii)provides that the Director-General will make a recommendation to the employing authority,

the provision will be taken to allow for the Director-General, in his or her capacity as the employing authority, to take action without an actual referral or recommendation.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—The Minister and the Department

Division 1—The Minister

6—Administration of this Act

Subject to this Act, the Minister shall have the general administration of this Act and the administration and control of the teaching service.

7—The Minister

(1)The Minister—

(a)shall be a body corporate with perpetual succession and a common seal; and

(b)shall be capable in his corporate name of acquiring, holding and disposing of real and personal property; and

(c)shall be capable of acquiring or incurring any other legal rights and liabilities and of suing or being sued; and

(d)shall have the powers, authorities, duties and obligations prescribed by or under this Act.

(2)Where an apparently genuine document purports to bear the common seal of the Minister, it shall be presumed, in the absence of proof to the contrary, that the common seal of the Minister was duly affixed to that document.

8—Power of delegation

(1)The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.

(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 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.

(4)A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

(5)It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

9—General powers of Minister

(1)The Minister shall establish and maintain such Government schools as may be necessary—

(a)for the provision of primary and secondary education for children whose parents desire that they should receive education at Government schools; and

(b)for the provision of pre-school education (to such an extent as the Minister considers practicable and desirable) for children whose parents desire that they should receive pre-school education at Government schools.

(2)The Minister shall establish and maintain such correspondence schools as he considers necessary or desirable in the public interest.

(3)Subject to Part 2A, the Minister may close or amalgamate Government schools.

(5)The Minister may establish such institutions and make such other provision as he considers necessary or expedient for the proper education and training of teachers.

(6)The Minister may, subject to this Act, establish and maintain such residences for the accommodation of teachers or students as he considers necessary or desirable for the purposes of this Act.

(7)The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act.

(8)The Minister may, in such manner and to such extent as he thinks fit, provide or arrange for the transport of children to and from any school and may pay the whole or any portion of the cost of transporting children to and from any school.

(9)The Minister may establish any school, college or centre for the purpose of providing technical education or any other kind of education that he considers desirable in the public interest.

(9a)The Minister may provide courses of instruction or other services to students who do not reside in this State.

(10)The Minister may acquire, deal with, or dispose of, real or personal property as he thinks fit.

10—Advisory committees

(1)The Minister may appoint such advisory committees as he considers necessary to investigate, and advise him upon, any matters affecting the administration of this Act or the provision of proper pre-school, primary or secondary education in this State.

(2)An advisory committee constituted under this section shall consist of such members as the Minister thinks fit to appoint to the committee.

(3)A member of an advisory committee shall hold office at the pleasure of the Minister.

(4)Subject to any direction of the Minister, the procedure of an advisory committee shall be determined by the committee.

(5)The Minister may pay to the members of an advisory committee such allowances and expenses as may be determined by the Governor.

Division 2—The Department

12—Duties of the Director-General

The Director-General—

(a)shall be responsible to the Minister for maintaining a proper standard of efficiency and competency in the teaching service; and

(b)shall have such other powers and perform such other duties as are invested in or imposed upon him under this Act or as he may be directed to exercise or perform by the Minister.

13—Delegation

(1)The Director‑General may, with the consent of the Minister, delegate to a body or person (including a person for the time being performing particular duties or holding or acting in a particular office or position) a function or power of the Director‑General under this Act.

(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 Director‑General to act in any matter; and

(d)is revocable at will.

(3)A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Director‑General.

Maximum penalty: $20 000.

(4)It is a defence to a charge of an offence against subsection (3) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

(5)If the Director‑General is absent from the duties of his or her office for any reason, a Deputy Director‑General will act in the office of the Director‑General and will exercise and perform the functions and powers of the Director‑General.

14—Report

(1)The Director-General shall in each year make a report on the administration of the Department up to the thirty-first day of December of the year last preceding the date of the report.

(1a)The report must include a report on the operation of section 106A during the period to which the report relates.

(2)The Minister shall cause a copy of the report to be laid before each House of Parliament as soon as practicable after he receives the report.

Part 2A—Closure or amalgamation of Government schools

14A—Application of Part

(1)A Government school cannot be closed or amalgamated with another Government school except in accordance with this Part.

(2)However, this Part does not apply—

(a)to the temporary closure of a Government school in an emergency or for the purposes of carrying out building work; or

(b)to the closure of a Government school if—

(i)a majority of the parents of the students attending the school; or

(ii)where the school is wholly or principally for adult students—a majority of the students attending the school,

indicate that they are not opposed to the closure.

14B—Process for closure or amalgamation of Government schools

The following provisions apply in relation to a closure or amalgamation of Government schools to which this Part applies:

(a)schools cannot be closed or amalgamated except after a review has been conducted under this Part in relation to the schools;

(b)a review under this Part is to focus on all of the Government schools within an area determined by the Minister and is to address the question whether all those schools continue to be required and, if not, whether a school should be closed or amalgamated with another school;

(c)the Minister must give written notice of a proposed review under this Part to—

(i)the head teacher; and

(ii)the presiding member of the school council,

of each of the schools subject to the review;

(d)the Minister must, within 21 days of giving notice under paragraph (c)—

(i)appoint a committee to conduct the review; and

(ii)provide the committee with details of the Minister's reasons for the review.

14C—Review committee

(1)A committee appointed by the Minister under this Part will consist of—

(a)at least two (but not more in total than the number gained by multiplying the number of schools being reviewed by two) persons nominated by the Minister (one of whom will be appointed by the Minister to be the presiding member); and

(b)—

(i)if the schools are situated within the area of a council or councils constituted under the Local Government Act 1934—the mayor or chairman of each of those councils (or a person nominated by each such mayor or chairman); or

(ii)in any other case—a person nominated by the Minister for Local Government; and

(c)the Director-General (or a person nominated by the Director-General); and

(d)a person (not being a teacher at a school that is subject to the review) nominated by the Australian Education Union (S.A. Branch); and

(e)the head teacher of each of the schools subject to the review; and

(f)a nominee from the school council of each of the schools subject to the review.

(2)The Minister must appoint a member of the committee, nominated by the presiding member, to be the deputy presiding member.

(3)The terms and conditions of membership of the committee will be as determined by the Minister.

(4)The quorum for the transaction of business at a meeting of the committee is determined by dividing the number of persons entitled to attend and vote at the meeting by two, disregarding any fraction, and adding one.

(5)Each member of the committee is entitled to one vote on any question arising for decision by the committee.

(6)A decision supported by a majority of the votes cast by members of the committee present at a meeting of the committee is a decision of the committee.

(7)The presiding member or, in the presiding member's absence, the deputy presiding member will preside at any meeting of the committee.

(8)The person presiding at a meeting of the committee has, in addition to a deliberative vote, a casting vote in the event of an equality of votes.

(9)The committee may act despite a vacancy in its membership or a defect in the appointment of a member.

(10)Subject to this Part, the committee may determine its own procedures.

14D—Conduct of review

(1)A committee, in conducting a review in relation to the Government schools within a particular area, must—

(a)call for submissions relating to—

(i)the present and future use of Government schools within the area; and

(ii)the likely effect on Government schools outside the area in the event of the closure or amalgamation of schools within the area; and

(b)in relation to each of the Government schools within the area—

(i)invite submissions from and meet with—

(A)the school council; and

(B)teachers and parents of students of the school; and

(ii)invite submissions from representatives of local communities likely to be affected by a decision to close the school or to amalgamate it with another school.

(2)In making a recommendation relating to the closure of a school or the amalgamation of a school with another school, the committee must have regard to the educational, social and economic needs both of the local communities likely to be affected by the carrying out of the recommendation and of the State as a whole.

14E—Report on review

A committee must, no later than a date specified by the Minister (being a date falling not less than three months after the date on which the committee was appointed), submit to the Minister its report on the review and the recommendations of the committee as to the retention, closure or amalgamation of the schools subject to the review.

14F—Minister's decision as to closure or amalgamation

(1)The Minister may close a Government school or amalgamate two or more Government schools after giving due consideration to the report and recommendations of a committee that has conducted a review under this Part in relation to the school or schools.

(2)The Minister must, as soon as reasonably practicable after making a decision to close a school or amalgamate schools, give written notice of the decision and of the reasons for it to the head teacher and school council of each of the schools affected by the decision.

(3)If the Minister makes a decision that a school should be closed or that schools should be amalgamated contrary to the recommendations of a committee, the Minister must, within three sitting days of giving notice under subsection (2), cause a copy of the committee's report and recommendations and a statement of the reasons for the Minister's decision to be laid before each House of Parliament.

Part 3—The teaching service

Division 1—Appointment to the teaching service

15—Appointment to teaching service

(1)Subject to this Act, the employing authority may appoint such teachers to be officers of the teaching service as the employing authority considers appropriate.

(2)An officer may be so appointed on a permanent or temporary basis.

(3)The first appointment of an officer to the teaching service may be made upon probation.

(4)The probation shall be for such period of effective service (not exceeding two years effective service) as may be determined by the employing authority.

(5)No officer appointed on a permanent basis shall be dismissed or retired from the teaching service except in accordance with the provisions of this Act.

(6)An officer appointed on a temporary basis shall hold office at the pleasure of the employing authority.

(7)If the Director-General is not the employing authority, the employing authority must, in acting under this section, consult with the Director-General.

Division 1A—Classification, promotion and transfer

15A—Classification of officers and positions

The Director-General may from time to time—

(a)fix the duties and titles of officers and positions in the teaching service;

(b)classify officers in the teaching service;

(c)in classifying officers, impose conditions, which may include conditions—

(i)limiting the classifications to specified terms; and

(ii)fixing the classifications of officers at the end of such terms;

(d)classify positions in the teaching service at promotional levels.

15B—Appointment to promotional level positions

(1)The employing authority may, subject to this Act, appoint officers to positions in the teaching service classified at promotional levels.

(2)The employing authority may, in making such appointments, impose conditions, which may include conditions—

(a)limiting the appointments to specified terms; and

(b)fixing their classifications at the end of such terms or fixing the processes to be followed for appointment of the officers at the end of such terms.

(3)The Director-General may appoint an officer to a position classified at a promotional level in an acting capacity for a term not exceeding 12 months.

15C—Transfer

The Director-General may transfer officers between positions in the teaching service but not so as to—

(a)reduce an officer's salary without the officer's consent; or

(b)effect promotion of an officer to a position at a higher classification level.

Division 2—Retrenchment and retirement of officers

16—Retrenchment of officers of the teaching service

(1)Where the employing authority is satisfied that—

(a)the volume of work in any section of the teaching service has diminished; and

(b)in consequence a reduction in staff of the teaching service has become necessary in the interest of economy; and

(c)an officer should be retrenched for that purpose,

the employing authority may, by written determination, retrench that officer as from a date specified in the determination.

(2)An officer who is retrenched under the provisions of this section shall be entitled to receive—

(a)at least twelve weeks notice in writing prior to the date of retrenchment; or

(b)where the notice is less than twelve weeks, a sum equal to his salary for the period by which the notice falls short of twelve weeks.

(3)An officer may, within 14 days after receiving notice of a determination under this section (or such longer period as SAET may allow), apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the determination.

(4)In addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for the review of a determination that has taken effect under this section, revoke the determination and order that the officer be reinstated in the teaching service.

(5)If the Director-General is not the employing authority, the employing authority must, in acting under this section, consult with the Director-General.

17—Incapacity of members of the teaching service

(1)Where the Director-General is satisfied that an officer is, by reason of mental or physical illness or disability, incapable of performing satisfactorily the officer's duties, the Director-General may do one or more of the following:

(a)by written determination, transfer the officer to some other position in the teaching service or vary the officer's duties and assign an appropriate classification to the officer;

(b)determine to take steps to transfer the officer to some other employment in the Government of the State;

(c)grant the officer leave of absence (without remuneration) from the teaching service;

(d)recommend to the employing authority that the officer be retired from the teaching service.

(1a)The Director-General must, before taking action or making a recommendation under subsection (1) that would result in reduction of remuneration or retirement, be satisfied that a transfer or variation of duties without reduction of remuneration is not reasonably practicable in the circumstances.

(1c)The Director-General may, in acting under subsection (1)(b), recommend to the employing authority that the officer be appointed to an office or position pursuant to section 101B or attempt to secure for the officer some other appropriate employment in the Government of the State.

(2)The employing authority, on receiving a recommendation under subsection (1)(d), may, in accordance with that recommendation, retire the officer from the teaching service.

(3)An officer may, within 14 days after receiving notice of a determination under this section or a decision to transfer or retire the officer under this section (or such longer period as SAET may allow), apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the determination or decision.

(4)In addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for the review of a determination or decision that has taken effect under this section, revoke the determination or decision and order that the officer be reinstated in the teaching service.

Division 3—Long service leave

19—Long service leave and retention entitlement

(1)An officer's entitlement to long service leave accrues as follows:

(a)the officer is entitled to 63 days' leave in respect of the first seven years of effective service;

(b)the officer is then entitled to 0.75 of a day's leave for each subsequent complete month of effective service.

(1a)An officer who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows:

(a)for each month of effective service completed during the 2012/2013 financial year—⅙ working days leave;

(b)for each month of effective service completed during the 2013/2014 financial year—¼ working days leave;

(c)for each month of effective service completed on or after 1 July 2014—⅓ working days leave.

(2)Where long service leave is taken by an officer, the officer's entitlement to long service leave is reduced accordingly.

(3)Every day from the commencement to the conclusion of a period of long service leave (whether a working day or not) will be counted as a day of that leave.

(3a)The following additional provisions will apply in relation to a skills and experience retention leave entitlement:

(a)the Director‑General may make a determination under which the accrual of the entitlement will be calculated instead as a number of working hours leave for each completed month of effective service;

(b)an entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations;

(c)a skills and experience retention leave entitlement is to be taken (depending on the amount of leave accrued) as 1 or more whole working days of leave and accordingly subsection (3) will not apply in relation to a skills and experience retention leave entitlement;

(d)a skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable) (and accordingly the other provisions of this Division relating to paying out an entitlement to leave will apply subject to the operation of this paragraph);

(e)the Director‑General may, by determination, make any other provision in relation to the granting or taking of skills and experience retention leave.

(4)This Division—

(a)does not affect an entitlement to long service leave or payment in lieu of long service leave that accrued before the commencement of the Education Act Amendment Act 1987; and

(b)does not prejudice an entitlement to pro rata long service leave arising after five years' effective service that would have come into existence if the Education Act Amendment Act 1987 had not been enacted.

(5)The regulations may—

(a)prescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and

(b)fix different monetary amounts according to different classes or categories of officers.

(6)A regulation under subsection (5) will be made on the recommendation of the Treasurer.

(7)The Treasurer must, in making a recommendation under subsection (6), apply the principle that a monetary amount fixed by the regulations must be consistent with any corresponding regulations applying under the Public Sector Act 2009.

20—Taking of leave

(1)Subject to this section, an officer who has completed at least 10 years' effective service is entitled to take long service leave.

(2)The Director-General may permit an officer who has completed at least seven years' effective service to take long service leave.

(3)Long service leave may only be taken in respect of completed years of effective service.

(3a)Subsection (3) does not apply in relation to a skills and experience retention leave entitlement.

(4)Long service leave may only be taken at times and for periods that are, in the opinion of the Director-General, convenient to the Department.

(5)Subject to this section, the salary to which an officer is entitled during long service leave is—

(a)where the effective service of an officer consists of full-time service—the salary applicable to the officer's position or classification level during that leave (disregarding any acting appointment);

(b)where the effective service of an officer consists in whole or in part of part-time service—a salary determined by the Director-General.

(6)An officer may elect to take long service leave on half salary and, in that event, may take two days' leave for each whole day of the officer's entitlement.

(7)Where the effective service of an officer consists in whole or in part of part-time service, the officer may elect to take long service leave on the salary applicable to full-time service and, in that event, the period of the long service leave will be reduced accordingly.

(8)The Director-General may authorise payment to an officer on long service leave of such additional salary or allowances as the Director-General considers appropriate.

21—Payment in lieu of long service leave

(1)Where a person ceases to be an officer in the teaching service after not less than seven years' effective service, the person is entitled to payment of the monetary equivalent of the officer's long service leave entitlement as at the date of cessation of service.

(2)Where an officer dies, the employing authority must ensure that there is paid to—

(a)the officer's personal representative; or

(b)such of the officer's dependants as the employing authority, with the approval of the Minister, considers appropriate,

the monetary equivalent of the officer's long service leave entitlement as at the date of death.

(3)In determining the monetary equivalent of a long service leave entitlement no allowance will be made for an increase in salary that may or would have been made if the officer's service had not ceased.

(4)The employing authority may apply any amount payable to or in respect of an officer under this section in satisfaction of a claim against the officer.

22—Interruption of service

(1)Where a person retires or retired from employment under this Act, or the repealed Act, on the ground of invalidity and is, or was, subsequently employed as an officer, his service before retirement and service after re-employment shall, for the purposes of this Division (except to the extent to which he has received long service leave, or payment in lieu of long service leave, in respect of any such period of service), be taken into account as though that service were continuous.

(2)Where either before or after the commencement of this Act the service of a person employed under this Act, or the repealed Act, was interrupted otherwise than by resignation or dismissal for misconduct and he is, or was, subsequently appointed as an officer of the teaching service within two years after the date of that interruption, his service before the interruption and his service after the interruption shall, for the purposes of this Division (except to the extent to which he has received long service leave, or payment in lieu of long service leave, in respect of any such period of service), be taken into account as though that service were continuous.

(3)Where either before or after the commencement of this Act the service of an officer was interrupted otherwise than by resignation or dismissal for misconduct for a period exceeding two years, the employing authority may grant a certificate under this section.

(4)Where the employing authority grants a certificate under subsection (3), the service of the officer shall be regarded as continuous notwithstanding the interruption, but the period of the interruption shall not be taken into account in determining the period of the officer's service.

(5)This section does not apply in relation to an officer of the teaching service to whom section 22A applies.

22A—Special provisions relating to certain temporary officers of the teaching service

(1)This section applies to an officer of the teaching service who is, or was during any relevant period, a prescribed temporary teacher (other than an officer of a class declared by the regulations to be excluded from the operation of this section).

(2)On the commencement of this section—

(a)all entitlements in respect of long service leave and skills and experience retention leave accrued or purportedly accrued before the commencement of this section by an officer of the teaching service to whom this section applies will be taken to be extinguished; and

(b)the Minister must confer entitlements in respect of long service leave and skills and experience retention leave determined in accordance with this section on an officer of the teaching service to whom this section applies in respect of the officer's service completed before the commencement of this section.

(3)The entitlement to long service leave and skills and experience retention leave of an officer of the teaching service to whom this section applies is to be determined as follows:

(a)to the extent that the officer's service was completed before the commencement of this section—the entitlement is to be determined by the Minister as if the officer had been lawfully appointed under section 101B or a corresponding previous provision of this Act or the repealed Act;

(b)to the extent that the officer's service is completed on or after the commencement of this section—the entitlement is to be determined by the Minister—

(i)as if the officer had been lawfully appointed under section 15 or a corresponding previous provision of this Act or the repealed Act; and

(ii)on the basis that subsection (5) applies, and has always applied, to the question of whether a particular period of the officer's service is a period of continuous service.

(4)In making a determination under subsection (3)(a), the Minister must ensure that the entitlements of an officer are not less than the officer would have been entitled to had he or she been appointed under the Public Sector Act 2009 or a corresponding previous Act (as in force at the time of appointment) instead of this Act.

(5)For the purposes of this or any other Act, where either before or after the commencement of this section the service of a person employed under this Act, or the repealed Act, was interrupted otherwise than by resignation or dismissal for misconduct and he or she is, or was, subsequently appointed as an officer of the teaching service within the prescribed period after the date of that interruption, his or her service before the interruption and his or her service after the interruption will (except to the extent to which he or she has received long service leave, or payment in lieu of long service leave, in respect of any such period of service) be taken into account as though that service were continuous.

(6)For the purposes of this or any other Act, where an officer has previously been in prescribed employment and his or her service in the prescribed employment is continuous with his or her service as an officer (determined in accordance with this section as if the prescribed employment was employment in the teaching service), the long service leave to which he or she is entitled under this Act will be determined on the basis that his or her service in the prescribed employment is effective service (and section 24(3), (4) and (5) will be taken to apply to the service as if section 24(6) had not been enacted).

(7)To the extent that a matter relating to the long service leave or skills and experience retention leave of an officer to whom this section applies is not able to be determined under another provision of this section, the matter is to be determined in accordance with a determination of the Minister.

(8)If a person was, during a particular period, both an officer of the teaching service to whom this section applies and an officer of the teaching service to whom this section does not apply, this section will be taken to apply only in respect of that part of the officer's service undertaken as a prescribed temporary teacher.

(9)Nothing in this section affects the validity of—

(a)a period of long service leave or skills and experience retention leave; or

(b)a payment of a monetary amount in lieu of long service leave or skills and experience retention leave,

taken or made under this or any other Act before the commencement of this section.

(10)This section has effect despite—

(a)any other provision of this Act or a provision of any other Act or law; and

(b)a term of a contract, enterprise bargaining agreement, undertaking or other instrument or agreement (however described) that was in force immediately before the commencement of this section.

(11)In this section—

prescribed employment has the same meaning as in section 24(2);

prescribed period, in relation to an interruption of an officer's service as contemplated by subsection (5), means—

(a)3 calendar months (disregarding any period of school vacation falling immediately after the officer's service before the interruption and immediately before his or her service after the interruption); or

(b)if a longer period is prescribed by the regulations for the purposes of this definition—that period;

prescribed temporary teacher means an officer of the teaching service who—

(a)—

(i)was, before the commencement of this section, purportedly appointed under section 9 of this Act (as in force at the time of the purported appointment); or

(ii)was or is (whether before or after the commencement of this section) appointed or purportedly appointed under section 15 of this Act; and

(b)was not, or is not, so appointed on a permanent basis.

(12)The regulations may make provisions of a saving or transitional nature in respect of the operation of this section.

23—Transfer of teachers to other Government employment

(1)If an officer is transferred to any other employment in the Government of the State, and his service in that employment is continuous with his service as an officer, his service as an officer shall be taken into account for the purpose of computing long service leave to which he may be entitled in respect of that other employment.

(2)This section does not apply to service in respect of which long service leave has been granted, or a payment in lieu of long service leave has been made, to the officer under this Act.

(3)For the purposes of the Public Sector Act 2009 and any other Act, the question of whether particular service of an officer who is an officer of the teaching service to whom section 22A applies is continuous service is to be determined in accordance with that section.

24—Rights of persons transferred to the teaching service

(1)Where an officer has previously been in prescribed employment and his service in the prescribed employment is continuous with his service as an officer, the long service leave to which he is entitled under this Act shall be determined on the basis that his service in the prescribed employment is service in the teaching service.

(2)In this section—

prescribed employment means—

(a)employment in the Public Service of the Commonwealth; and

(b)employment in the Public Service of this State; and

(c)employment by the Government of the State otherwise than in the Public Service; and

(d)employment in the Public Service of any other State or Territory of the Commonwealth; and

(e)employment by a University or College of Advanced Education established in this State; and

(f)any other employment approved by the Minister.

(3)This section does not apply to service in respect of which long service leave has been granted or a payment in lieu of long service leave has been made.

(4)For the purposes of this section, continuity of service is not interrupted by an interval, not exceeding six weeks, between the time that service in the prescribed employment terminated and the time the officer took up his employment as such.

(5)Where there is an interval of more than six weeks between the conclusion of service in the prescribed employment and the commencement of service in the teaching service, the employing authority may, if in the opinion of the authority special reasons exist for so doing, declare that that interval shall not disrupt the continuity of service, and the declaration shall have effect according to its terms.

(6)This section does not apply to a person who is, or who will be on becoming an officer of the teaching service, an officer of the teaching service to whom section 22A applies.

Division 4—Retiring age

25—Retiring age

(1)An officer may retire on or after the day on which he reaches the age of fifty-five years.

Division 5—Discipline

26—Disciplinary action

(1)If an officer—

(a)contravenes or fails to comply with any provision of this Act; or

(b)contravenes or fails to comply with any lawful direction given to him under this Act; or

(c)is negligent, inefficient or incompetent in the discharge of his duties; or

(d)is absent from duty without proper cause; or

(e)is guilty of any disgraceful or improper conduct,

there shall be sufficient cause for disciplinary action against that officer.

(2)Where the Director-General finds that there is sufficient cause for disciplinary action under this section—

(a)he may, by written determination under his hand—

(i)reprimand the officer; or

(ii)impose a fine upon the officer not exceeding the amount of one weeks salary of the officer; or

(iii)reduce the remuneration of the officer by—

(A)transferring the officer to another position in the teaching service; or

(B)varying the officer's duties and classifying or reclassifying the officer; or

(C)removing an entitlement to an increment of remuneration; or

(iv)suspend the officer from duty (without pay) for a period not exceeding one year; or

(b)he may recommend to the employing authority that the officer be dismissed from the teaching service.

(3)The employing authority may, upon receipt of a recommendation under subsection (2), dismiss the officer from the teaching service.

(4)An officer may, within 14 days after receiving notice of a determination under this section or a decision made by the employing authority to dismiss the officer under this section (or such longer period as SAET may allow), apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the determination or decision.

(5)In addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for the review of a decision that has taken effect under this section, revoke the decision and order that the officer be reinstated in the teaching service.

(6)Any fine imposed on an officer under this section may be deducted from the salary or other remuneration payable to that officer.

27—Suspension

(1)Where in the opinion of the Director-General the nature or circumstances of any matter alleged against an officer are such that the officer should not continue in the performance of his duties, the Director-General may suspend the officer.

(2)A suspension under subsection (1) may be made whether or not the officer has been charged with an offence.

(3)Unless the employing authority otherwise determines, a person suspended under this section shall be entitled to his salary in respect of the period of suspension.

(4)Where a direction has been given under subsection (3) and the guilt of the suspended officer of the matter alleged against him is not established by due process of law, he shall be entitled to receive the salary to which he would have been entitled if there had been no direction under subsection (3).

Division 6—Reclassification

28—Application to Director-General for reclassification

(1)Subject to the regulations, if an officer considers that the classification of the officer or a position occupied by the officer is not appropriate in view of the duties of the officer or on any other ground, the officer may lodge with the Director-General an application for reclassification.

(2)An application under subsection (1) must be made in a manner and form approved by the Director-General.

(3)The Director-General may, on the application of an officer, reclassify the officer or a position occupied by the officer.

(4)Nothing in this section limits the Director-General's general power to reclassify officers or positions in the teaching service.

29—Appointment and selection of supplementary panel members for classification reviews

(1)For the purposes of section 18A of the South Australian Employment Tribunal Act 2014, there will be the following panels of supplementary panel members:

(a)a panel of officers of the teaching service nominated by the Australian Education Union;

(b)a panel of officers of the teaching service nominated by the Director-General.

(2)In exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings related to an application for reclassification by an officer of the teaching service under this Act, SAET will, if the President of SAET so determines, sit with 1 supplementary panel member from each of the panels referred to in subsection (1).

30—Review of Director-General's decision

(1)An officer who—

(a)has made an application for reclassification under this Division to the Director-General; and

(b)is dissatisfied with the decision on the application,

may, within 30 days after receiving notice of the decision, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.

(2)A decision of SAET under this section may not be the subject of an application for review or an appeal under Part 5 of the South Australian Employment Tribunal Act 2014.

Division 8—Promotional level positions—appointments and reviews

53—Promotional level positions—appointments and reviews

(1)A person shall not be appointed to a position to which this section applies except in accordance with this section.

(2)This section applies to a position in the teaching service classified at a promotional level.

(2a)This section does not apply to—

(a)appointment of an officer to a position in an acting capacity for a period not exceeding 12 months; or

(b)transfer of an officer between positions in the teaching service.

(3)Applications for a position to which this section applies shall be submitted in accordance with the regulations either—

(a)to the Director-General; or

(b)to a committee established by the Minister and consisting of members appointed by the Minister with the agreement of the Australian Education Union (1 or more of whom must be nominees of the Australian Education Union),

and the Director-General, or the committee, may provisionally recommend to the employing authority that an applicant be appointed to the vacant position.

(4)Notice of the provisional recommendation shall be given to every officer who applied for the position.

(5)An officer who receives notice of a provisional recommendation by the Director-General in accordance with subsection (4), may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the provisional recommendation.

(6)No application for review may be made against a provisional recommendation of the committee established under this section unless—

(a)the provisional recommendation made by the committee is that an officer be appointed to the vacant position; and

(b)the employing authority, acting on the recommendation of the Director-General, declines to make the appointment.

(6a)If, on the recommendation of the Director-General, the employing authority declines to make an appointment following a provisional recommendation by the committee established under this section that an officer be appointed to the vacant position, the officer in whose favour the provisional recommendation was made may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the recommendation of the Director-General.

54—Appointment and selection of supplementary panel members for reviews

(1)For the purposes of section 18A of the South Australian Employment Tribunal Act 2014, there will be the following panels of supplementary panel members:

(a)a panel of employees in the Department appointed by the Governor on the nomination of the Minister;

(b)a panel of officers of the teaching service appointed by the Governor on the nomination of the Australian Education Union made after elections have been held in accordance with the regulations.

(2)In exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings under this Act related to an application for review by an officer of the teaching service, SAET will, if the President of SAET so determines, sit with—

(a)1 supplementary panel member from the panel referred to in subsection (1)(a); and

(b)1 supplementary panel member from the panel referred to in subsection (1)(b).

Part 6—Compulsory enrolment and attendance etc

74—Interpretation

(1)In this Part—

approved learning program—see section 75D;

authorised officer—see section 80(1);

school means a Government school or a registered non-Government school.

(2)For the purposes of this Part, 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.

75—Compulsory enrolment of children

(1)Subject to this Part, a child of compulsory school age must be enrolled at a primary school or secondary school (according to the educational attainments of the child).

(2)Subject to this Part, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, so as to constitute full‑time participation in approved learning programs under this Act.

(2a)Nothing in this section requires a child who—

(a)is 16 or more years of age; and

(b)has achieved a qualification under an approved learning program,

to be enrolled in a school or in an approved learning program under this section.

(3)Where in the opinion of the Director-General it is in the best interests of a child that he be enrolled at a special school, the Director-General may direct that the child be enrolled at a special school nominated in the direction and, where such direction has been given, the child must be enrolled at that special school.

(4)A child is enrolled at a school in accordance with this section if he is entitled, in accordance with the regulations, to be enrolled at a Correspondence School and is so enrolled.

(5)If a child of compulsory school age is not enrolled as required by this section, each parent of the child is guilty of an offence.

Maximum penalty: $500.

(6)The obligation of a parent under this section is discharged where the parent has supplied the head teacher of the school with—

(a)the name and date of birth of the child; and

(b)the place of residence of the child; and

(c)any other information required by the regulations.

(7)The Governor may, by regulation—

(a)prescribe rules or criteria that will be applied for the purposes of determining at which school a child must be enrolled under subsection (1) or (2) (subject to the operation of subsections (3) and (4) of this section and section 75A and unless the child is enrolled at a non-Government school);

(b)prescribe rules or criteria that will be applied for the purposes of determining what constitutes full‑time participation in approved learning programs for the purposes of subsection (2);

(c)prescribe rules or criteria that will be applied for the purposes of determining whether a qualification has been achieved for the purposes of subsection (2a)(b).

(8)A regulation under subsection (7) may confer discretionary powers on the Minister.

75A—Direction by Director-General that child be enrolled in particular school

(1)The Director-General may, subject to the regulations, if satisfied that a child has disabilities or learning difficulties such that it would be in the best interests of the child to do so, direct that the child be enrolled at a special school or some other particular Government school nominated in the direction.

(2)Where a direction is given under subsection (1) in respect of a child, the child shall not be enrolled at any Government school other than the school nominated in the direction.

(3)The Director-General may give a direction under this section, or vary or revoke a direction under this section—

(a)on the application of a parent of the child; or

(b)at the Director-General's initiative,

but, in either case, after taking reasonable steps to consult each parent of the child.

75C—Appeal against direction of Director-General or Minister

(1)A parent of a child may, if aggrieved—

(a)by a direction of the Director-General or the Minister given in respect of the child under section 75A; or

(b)by decision of the Director-General or the Minister on an application by the parent under section 75A,

appeal to the Administrative and Disciplinary Division of the District Court against the direction or decision.

(2)The appeal must be instituted within one month of receipt by the appellant of notice in writing of the direction or decision appealed against.

(4)No order for costs shall be made against the appellant unless the court is satisfied that the appeal is frivolous or vexatious.

75D—Approved learning programs

(1)For the purposes of this Part, a learning program is an approved learning program if the program—

(a)—

(i)consists of secondary education provided under this Act; or

(ii)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 subparagraph; or

(iii)consists of technical and further education provided by a college (within the meaning of the Technical and Further Education Act 1975); or

(iv)consists of an accredited course provided by a training organisation registered under the Training and Skills Development Act 2003 or a corresponding law (other than a course or training organisation excluded from the ambit of this definition by the regulations); or

(v)is an apprenticeship or traineeship undertaken with an employer approved as an employer who may undertake the training of an apprentice/trainee under an approved contract of training under the Training and Skills Development Act 2003; or

(vi)is a program of a class declared by the Minister by notice in the Gazette to be an approved learning program; and

(b)complies with the requirements set out in the regulations for the purposes of this section.

(2)To avoid doubt, a reference to an apprenticeship or traineeship in subsection (1)(a)(v) includes a reference to any relevant work undertaken as part of the apprenticeship or traineeship.

(3)In this section—

corresponding law means a law of another State or a Territory of the Commonwealth relating to higher education, vocational education and training and adult community education.

75E—Report on operation of Part

(1)The Director‑General must, on or before December 31 in each year, provide to the Minister a report on the operation of this Part (including compliance with this Part) for the preceding year.

(2)The Director‑General, in preparing a report under subsection (1)—

(a)may, by notice in writing, require a specified person or body to provide the information specified in the notice to the Director‑General; and

(b)must comply with any other requirements prescribed by the regulations.

(3)A report under subsection (1) may be incorporated in the report of the Director‑General prepared under section 14.

76—Compulsory attendance and participation

(1)Subject to this Part, a child of compulsory school age is required to attend at the school at which he or she is enrolled on every day, and for such parts of every day, that instruction is provided for the child at the school.

(1a)Subject to this Part, a child of compulsory education age is required to participate in an approved learning program in which he or she is enrolled on every day, and for such parts of every day, that instruction is provided in relation to the program.

(2)Subsection (1) does not apply—

(a)in respect of a child enrolled in accordance with the regulations at a Correspondence School; or

(b)in respect of a child exempted from attendance in accordance with the provisions of this Part; or

(c)in respect of a child for whom a parent presents, within a reasonable time, a prescribed reason for the non-attendance of the child at the school.

(2a)Subsection (1a) does not apply—

(a)in respect of a child exempted from participation in accordance with this Part; or

(b)in respect of a child for whom a parent presents, within a reasonable time, a prescribed reason for the non‑participation of the child in the approved learning program.

(3)Where a child fails to attend school as required by subsection (1), each parent of the child is guilty of an offence.

Maximum penalty: $500.

(4)It shall be a defence to a charge under subsection (3) that the failure of the child to attend school did not result from any failure of the parent to exercise proper care and control of the child.

78—Employment of children of compulsory school age or compulsory education age

(1)Subject to this Part, a person must not employ a child of compulsory school age or compulsory education age—

(a)during the hours at which the child is required to attend school or to participate in an approved learning program (as the case requires); or

(b)in any labour or occupation that renders, or is likely to render, the child unfit to attend school or participate in an approved learning program as required by this Part or to obtain the proper benefit from such attendance or participation.

Maximum penalty: $5 000.

(2)It is a defence to a charge of an offence against this section if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

79—Attendance

Authorised officers must take all practicable action to ensure attendance at school by children of compulsory school age and participation in an approved learning program by children of compulsory education age.

80—Authorised officers

The following persons are authorised officers for the purposes of this Part:

(a)any member of the police force;

(b)any person authorised in writing by the Director‑General to exercise the powers of an authorised officer under this Act;

(c)any person authorised in writing by the Chief Executive Officer (within the meaning of the Family and Community Services Act 1972) to exercise the powers of an authorised officer under this Act.

80A—Powers of authorised officers

(1)If an authorised officer observes a person in a public place who appears to the officer to be a child of compulsory school age or a child of compulsory education age at a time when such a child should normally be attending school or participating in an approved learning program (as the case requires), the officer may require the child to provide—

(a)his or her name, address and age; and

(b)the reason for his or her non‑attendance at school or non‑participation in an approved learning program.

(2)If a child referred to in subsection (1) is in the charge or company of a person apparently over the age of 18 years, the authorised officer may require that person to provide the authorised officer with the information referred to in that subsection.

(3)If it appears to an authorised officer who is a member of the police force, after enquiring into the child's reasons for not being at school or participating in an approved learning program, that the child does not have a proper reason for being absent from school or for not participating in an approved learning program, the authorised officer may take the child into his or her custody and return the child—

(a)to someone in authority at the school or in relation to the approved learning program in which the child is enrolled (as the case requires); or

(b)to a parent or guardian of the child.

(4)An authorised officer may at any time attend at residential premises and request any person in the premises to provide the officer with—

(a)the full names of all children of compulsory school age and children of compulsory education age resident in the dwelling house; and

(b)the respective ages of those children; and

(c)the schools at which, or the approved learning program in which, (if any) the children are enrolled in accordance with this Part.

80B—Offence to hinder etc authorised officers

A person who—

(a)hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Part; or

(b)uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or

(c)when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or

(d)falsely represents, by words or conduct, that he or she is an authorised officer,

is guilty of an offence.

Maximum penalty: $5 000.

81—Evidentiary provision

(1)An apparently genuine document purporting to be under the hand of the head teacher of a school stating that any child named in the certificate did or did not attend that school on the occasion or occasions specified in the certificate shall, in any legal proceedings, be proof of the matters so stated in the absence of proof to the contrary.

(2)In any proceedings under this Act, an apparently genuine document purporting to be under the hand of an authorised officer and stating that—

(a)a specified person is a parent of a child named in the document; or

(b)the child named in the document is of, above or below a specified age; or

(c)at a specified time, the child named in the document was or was not enrolled at a specified school or approved learning program; or

(d)a person named in the document is the head teacher of a specified school; or

(e)at a specified time, instruction was provided for the child named in the document at the school specified in the document,

shall, in the absence of proof to the contrary, be deemed to be proved.

81A—Exemptions

(1)The Minister may, by written notice, if the Minister considers it appropriate to do so, grant an exemption from a requirement of this Part in relation to a child, conditionally or unconditionally.

(2)The Minister may, by written notice, if the Minister considers it appropriate to do so, vary or revoke an exemption granted under this section.

(2a)The Minister may, by notice published in the Gazette, publish guidelines in relation to the granting of, or variation or revocation of, an exemption under this section.

(3)A person must not contravene or fail to comply with a condition of an exemption granted under this section.

Maximum penalty: $500.

Part 7—Courses of instruction

82—Determination of curriculum

(1)The Director-General shall be responsible for the curriculum in accordance with which instruction is provided in Government schools.

(2)For the purpose of assisting the Director-General to determine the curriculum in accordance with which instruction is to be provided, the Minister may appoint—

(a)an Advisory Curriculum Board; and

(b)such advisory committees as the Minister may determine on the recommendation of the Director-General.

(3)The Advisory Curriculum Board and any committee appointed under this section shall consist of—

(a)such employees in the Department and officers of the teaching service; and

(b)such representatives of registered non-Government schools and other organisations,

as may be determined by the Minister on the recommendation of the Director-General.

(4)A member of the Advisory Curriculum Board or a committee appointed under this section shall hold office upon such terms and conditions as may be determined by the Minister.

Part 8—School councils

83—School councils

(1)Each Government school providing courses of instruction in primary or secondary education is to have a school council.

(2)The same body may be the school council for two or more Government schools.

(3)A school council—

(a)is a body corporate with perpetual succession and a common seal; and

(b)is to operate under a constitution approved by the Minister; and

(c)is to consist of members as prescribed by its constitution; and

(d)has the functions prescribed by or under this Act or its constitution; and

(e)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

(f)is not an agency or instrumentality of the Crown.

84—Constitution of school council

(1)The constitution of a school council must assign a name to the council and contain—

(a)provisions determining the membership of the council and stipulating—

(i)except in the case of a school that is wholly or principally for adult students, that a majority of the members are to be parents of students of the school; and

(ii)that the head teacher of the school is to be an ex officio member; and

(iii)that a presiding member is to be appointed from amongst the members; and

(iv)in the case of a governing council, that the presiding member is not to be a member of the staff of the school or a person employed in an administrative unit for which the Minister is responsible; and

(b)provisions specifying the functions of the council (which may include functions relating to pre-school education or to the education, care, recreation, health or welfare of students outside of school hours); and

(c)provisions specifying the quorum and the procedures of the council, which may include provisions—

(i)for the establishment of, and the delegation of functions or powers to, committees comprised of members, non-members or both members and non-members; or

(ii)for the delegation of functions or powers to another school council; or

(iii)allowing procedures to be determined by the council from time to time; and

(d)provisions specifying the accounting and auditing practices and procedures to be followed by the council; and

(e)in the case of a governing council—provisions stipulating—

(i)that the council is jointly responsible with the head teacher of the school for the governance of the school; and

(ii)that the council is to fulfil the roles specified in the constitution in respect of—

(A)strategic planning for the school; and

(B)determining policies for the school; and

(C)determining the application of the total financial resources available to the school; and

(D)presenting operational plans and reports on its operations to the school community and the Minister; and

(iii)that the members are to comply with a code of practice approved by the Minister; and

(iv)that the council is to participate in a scheme for the resolution of disputes between the council and the head teacher; and

(f)provisions setting out the manner in which amendments to the constitution are to be made; and

(g)provisions of any other kind considered appropriate by the Minister.

(2)The constitution of a school council may include provisions limiting the powers that may be exercised by the council.

(3)The constitution of a governing council may include provisions under which the membership of the council is such that it may also constitute the management committee of a registered children's services centre under the Children's Services Act 1985.

85—Establishment and dissolution of school councils

(1)The Minister may, by notice in the Gazette, do one or more of the following:

(a)establish a school council for a Government school or proposed Government school;

(b)dissolve the school councils of two or more Government schools and establish a single school council for those schools;

(c)if Government schools are amalgamated, dissolve the school councils of those schools and establish a school council for the schools as amalgamated;

(d)if a school council operates for two or more Government schools, dissolve the council and establish separate school councils for those schools;

(e)dissolve a school council if the Government school is permanently closed.

(2)A notice under subsection (1) may include provisions of a transitional or ancillary nature.

(3)The Minister may, in establishing a school council, determine the constitution under which the council is to operate and make arrangements for the election or appointment of the council's elected or appointed members.

(4)The Minister may only determine that a council is to operate under a constitution appropriate to a governing council if the council is established under paragraph (b), (c) or (d) of subsection (1) and the council or each of the councils dissolved under the paragraph was, immediately before its dissolution, a governing council.

(5)If a school council is dissolved—

(a)the Minister may, by written order, transfer assets or liabilities (or both) of the council to one or more other school councils or to any other person; and

(b)any remaining assets and liabilities of the council or affiliated committee vest in the Minister.

(6)No stamp duty is payable under a law of the State in respect of a transfer effected under subsection (5) and no person has an obligation under the Stamp Duties Act 1923 to lodge a statement or return relating to such a transfer or to include information about such a transfer in a statement or return.

(7)The Registrar-General or any other authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application by the Minister or a person nominated by the Minister for the purpose, register or record a transfer under subsection (5).

86—Affiliated committees (eg Parents & Friends)

(1)The Minister may authorise the establishment of committees to be affiliated with a school council.

(2)An affiliated committee operates under a constitution approved by the Minister.

87—Constitution of affiliated committee

The constitution of an affiliated committee must assign a name to the committee and contain—

Transitional etc provisions associated with Act or amendments

Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Act 1991

55—Transitional provisions

(11)The following provisions apply in relation to the amendment of the Education Act 1972 and the Technical and Further Education Act 1976:

(a)an award of the Teachers' Salaries Board in force immediately before those amendments will, after those amendments, be taken to be an award of the Commission and will, subject to the principal Act, continue to have the same operation; and

(b)any proceedings before the Teachers' Salaries Board at the time of those amendments may continue before the Teachers' Salaries Board as if those amendments had not been effected.

Education (Teaching Service) Amendment Act 1996

10—Transition and ratification

(1)Each position recorded in the records of the Department from time to time before the commencement of this Act as a position in the teaching service classified at a promotional level will be taken to have been duly established as a position in the teaching service and classified at that level by the Director-General under the principal Act as amended by this Act (and for that purpose it is to be assumed that this Act had been enacted and was in force at the relevant time).

(2)Each appointment made to a position referred to in subsection (1) from time to time before the commencement of this Act will be taken to have been duly made by the Minister under the principal Act as amended by this Act (and for that purpose it is to be assumed that this Act had been enacted and was in force at the relevant time).

(3)If an appointment referred to in subsection (2) was made on the basis that it was to continue only for a period specified in the instrument notifying the officer of his or her appointment, the Minister will be taken to have duly imposed, under the principal Act as amended by this Act, a condition limiting the term of the appointment to the period so specified (and for that purpose it is to be assumed that this Act has been enacted and was in force at the relevant time).

(4)Each officer recorded in the records of the Department as being classified at the Advanced Skills Teacher Level 1 or a lower level immediately before the commencement of this Act will be taken to have been duly classified at that level by the Director-General under the principal Act as amended by this Act (and for that purpose it is to be assumed that this Act had been enacted and was in force at the relevant time).

(5)If an officer's classification referred to in subsection (4) was on the basis that it was to continue only for a period specified in the instrument notifying the officer of his or her classification, the Director-General will be taken to have duly imposed, under the principal Act as amended by this Act, a condition limiting the term of the classification to the period so specified (and for that purpose it is to be assumed that this Act had been enacted and was in force at the relevant time).

(6)In this section—

promotional level in relation to a position in the teaching service means a classification level other than Teacher or Advanced Skills Teacher Level 1.

Education (Councils and Charges) Amendment Act 2000, Sch 1—Transitional provisions

1—Head teachers

A person who is, immediately before the commencement of this clause, the head teacher of a school will be taken, for the purposes of the definition of head teacher in the principal Act (as amended by this Act), to have been designated by the Director-General or governing authority of the non-Government school (as the case requires) as the head teacher of the school.

2—School councils

(1)A school council in existence immediately before the commencement of this clause will, on that commencement, be taken—

(a)to continue in existence as the same body corporate; and

(b)to consist of the members of the council holding office immediately before that commencement.

(2)An elected or appointed member of a school council will hold office for the same term as applied to the member immediately before the commencement of this clause.

(3)A school council may, within 6 months after the commencement of this clause, adopt a constitution.

(4)If the school is a Partnerships 21 site, the constitution adopted by the council must be one appropriate to a governing council.

(5)A constitution adopted by a school council has no effect until submitted to, and approved by, the Minister.

(6)If—

(a)a school council does not adopt a constitution and submit it to the Minister for approval within 6 months after the commencement of this clause; or

(b)the Minister refuses to approve a constitution so submitted by a school council,

the Minister may, by notice in writing to the presiding member of the school council, determine that the council is to operate under a constitution specified in the notice.

(7)The Minister may not make a determination under subclause (6) that a school council is to operate under a constitution appropriate to a governing council unless, at the time the direction is given, the school is a Partnerships 21 site.

(8)Until a constitution takes effect in relation to a school council under this clause, the council must operate in accordance with the provisions of the Act, and the regulations made under the Act, as in force immediately before the commencement of this clause (subject to any modifications prescribed by regulation and despite the repeal or revocation of those provisions).

(9)For the purposes of this clause, a school is a Partnerships 21 site only if it is so designated by an agreement (known as a "Services Agreement") to which the presiding member of the school council, the head teacher of the school and the Director-General (or a former presiding member, head teacher and Director-General) are signatories.

3—Affiliated committees

(1)An affiliated committee established by the Minister under the principal Act and in existence immediately before the commencement of this clause will, on that commencement, be taken—

(a)to continue in existence as an affiliated committee authorised by the Minister under the principal Act (as amended by this Act); and

(b)to consist of the members of the committee holding office immediately before that commencement.

(2)An elected or appointed member of an affiliated committee will hold office for the same term as applied to the member immediately before the commencement of this clause.

(3)An affiliated committee may, within 6 months after the commencement of this clause, adopt a constitution.

(4)A constitution adopted by an affiliated committee has no effect until submitted to, and approved by, the Minister.

(5)If—

(a)an affiliated committee does not adopt a constitution and submit it to the Minister for approval within 6 months after the commencement of this clause; or

(b)the Minister refuses to approve a constitution so submitted by an affiliated committee,

the Minister may, by notice in writing to the presiding member of the affiliated committee, determine that the committee is to operate under a constitution specified in the notice.

(6)Until a constitution takes effect in relation to an affiliated committee under this clause, the committee must operate in accordance with the provisions of the Act, and the regulations made under the Act, as in force immediately before the commencement of this clause (subject to any modifications prescribed by regulation and despite the repeal or revocation of those provisions).

Education (Charges) Amendment Act 2002

2—Commencement

This Act will be taken to have come into operation on 1 December 2002 and sections 106A to 106C (inclusive) of the Education Act 1972 (as in force immediately before that date) will be taken not to have expired.

Education (Compulsory Education Age) Amendment Act 2002

7—Transitional provision

(1)The amendments effected by this Act do not apply to a child who has, before the commencement of this Act, attained the age of 15 years if—

(a)the child has ceased to attend or be enrolled at a school; and

(b)the child is—

(i)in full-time employment; or

(ii)enrolled as a full-time student in an approved course of instruction or training; or

(iii)engaged in part-time employment and enrolled in an approved course of instruction or training.

(2)In this section—

approved course of instruction or training means a course of instruction or training—

(a)provided by a college of technical and further education pursuant to the Technical and Further Education Act 1975; or

(b)accredited under Part 3 of the Vocational Education, Employment and Training Act 1994; or

(c)of a kind prescribed by regulation.

Teachers Registration and Standards Act 2004, Sch 1

5—Transitional provisions

(1)Subject to this Act, registration of a person as a teacher in force under Part 4 of the Education Act 1972 immediately before the commencement of this clause, will, on that commencement, continue as registration of the person as a teacher under this Act for the balance of the term of the registration.

(2)Subject to this Act, an authority in writing for the employment of an unregistered person as a teacher or administrator granted by the Teachers Registration Board and in force under Part 4 of the Education Act 1972 immediately before the commencement of this clause, will, on that commencement, continue as a special authority under Part 6 of this Act for the balance of the period for which it was granted.

Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions

Note—

Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.

1—Interpretation

In this Part, unless the contrary intention appears—

Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;

employing authority means—

(a)subject to paragraph (b)—the person who is the employing authority under a relevant Act;

(b)in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;

Industrial Commission means the Industrial Relations Commission of South Australia;

prescribed body means—

(a)the Aboriginal Lands Trust;

(b)the Adelaide Cemeteries Authority;

(c)the Adelaide Festival Centre Trust;

(d)the Adelaide Festival Corporation;

(e)SA Ambulance Service Inc;

(f)the Minister to whom the administration of the Children's Services Act 1985 is committed;

(g)the Minister to whom the administration of the Education Act 1972 is committed;

(h)the Electricity Supply Industry Planning Council;

(i)a body constituted under the Fire and Emergency Services Act 2005;

(j)the History Trust of South Australia;

(k)the Institute of Medical and Veterinary Science;

(l)a regional NRM board constituted under the Natural Resources Management Act 2004;

(m)the Senior Secondary Assessment Board of South Australia;

(n)the South Australian Country Arts Trust;

(o)the South Australian Film Corporation;

(p)the South Australian Health Commission;

(q)an incorporated hospital under the South Australian Health Commission Act 1976;

(r)an incorporated health centre under the South Australian Health Commission Act 1976;

(s)the South Australian Motor Sport Board;

(t)the South Australian Tourism Commission;

(u)The State Opera of South Australia;

(v)the State Theatre Company of South Australia;

(w)the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;

relevant Act means—

(a)in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;

(b)in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;

(c)in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.

2—Transfer of employment

(1)Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).

(2)The following persons will, on the commencement of this clause, be taken to be employed as follows:

(a)a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);

(b)a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;

(c)a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;

(d)a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.

(3)Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).

(4)Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—

(a)will be taken to provide for continuity of employment without termination of the relevant employee's service; and

(b)will not affect—

(i)existing conditions of employment or existing or accrued rights to leave; or

(ii)a process commenced for variation of those conditions or rights.

(5)If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—

(a)with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and

(b)with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,

subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).

(6)Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—

(a)the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and

(b)the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and

(c)the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.

3—Superannuation

(1)If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.

(2)Nothing that takes effect under subclause (1)—

(a)constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(b)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,

and subclause (1) may have effect despite any other Act or law.

(3)An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).

4—Interpretative provision

(1)The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.

(2)A proclamation under subclause (1) may effect a transfer of functions or powers.

5—Related matters

(1)A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(2)A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(3)A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(4)A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.

(5)The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).

6—Other provisions

(1)The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

(2)A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

(3)To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

(a)decreasing the person's rights; or

(b)imposing liabilities on the person.

(4)The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.

Statutes Amendment (Budget 2010) Act 2010

5—Transitional provision

The amendment to the Education Act 1972 made by this Part does not affect an entitlement to long service leave or payment in lieu of long service leave that accrues before 1 July 2011.

Statutes Amendment and Repeal (Budget 2012) Act 2012

6—Transitional provisions

(1)In this section—

effective service has the same meaning as under the principal Act;

officer means an officer in the teaching service under the principal Act;

principal Act means the Education Act 1972.

(2)An officer who—

(a)during the 2011/2012 financial year has, or attains, at least 15 years of effective service; and

(b)is an officer on 1 July 2012,

will qualify for an additional skills and experience retention leave entitlement under the principal Act equal to ⅙ working days leave for each month of effective service completed during that financial year (being service as a long‑term employee within the meaning of subsection (1a) of section 19 of the principal Act as enacted by this Act).

(3)Paragraph (d) of section 19(3a) of the principal Act as enacted by this Act applies subject to the qualification that no skills and experience retention leave entitlement will be lost under that paragraph before 1 July 2018.

(4)The Governor may, by proclamation, make other transitional or ancillary provisions that may be necessary or expedient in connection with the provision of an entitlement to skills and experience retention leave under the principal Act or this section.

Statutes Amendment (South Australian Employment Tribunal) Act 2016

91—Transitional provisions

(1)In this section—

principal Act means the Education Act 1972;

relevant day means the day on which this Part comes into operation;

review panel means a classification review panel under Part 3 of the principal Act;

Tribunal means the South Australian Employment Tribunal.

(2)The Appeal Board under the principal Act is dissolved by force of this subsection (and so the commencement of this subsection brings to an end the appointment of a person as a member of the Appeal Board).

(3)No right of action arises, and no compensation is payable, in respect of an appointment coming to an end by virtue of the operation of subsection (2).

(4)A decision, direction or order of the Appeal Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.

(5)A right of appeal to the Appeal Board under the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Appeal Board.

(6)Any proceedings before the Appeal Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.

(7)A decision of a review panel under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal.

(8)A right to have a matter referred to a review panel under the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than referred to a review panel.

(9)Any proceedings before a review panel under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.

(10)The Tribunal may—

(a)receive in evidence any transcript of evidence in proceedings before the Appeal Board or a review panel, and draw any conclusions of fact from that evidence that appear proper; and

(b)adopt any findings or determinations of the Appeal Board or a review panel that may be relevant to proceedings before the Tribunal; and

(c)adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Appeal Board or a review panel before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and

(d)take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

Historical versions

Reprint—1.11.1984

Reprint No 1—1.7.1991

Reprint No 2—1.3.1993

Reprint No 3—12.7.1993

Reprint No 4—1.1.1994

Reprint No 5—5.12.1996

Reprint No 6—24.12.1998

Reprint No 7—1.6.2000

Reprint No 8—1.2.2001

Reprint No 9—31.5.2001

Reprint No 10—12.12.2002

Reprint No 11—1.1.2003

Reprint No 12—30.11.2003

31.3.2005

14.7.2005

1.4.2007

1.7.2008

1.1.2009

1.2.2010

1.7.2011

1.1.2012

1.7.2012

23.10.2014

8.12.2016