Education and Early Childhood Services (Registration and Standards) Act 2011 (SA)

South Australia

Education and Early Childhood Services (Registration and Standards) Act 2011

An Act to provide for a national legislative scheme regulating the provision of education and care services; to make provision for local matters associated with the provision of education and care services; to ensure the provision of quality education services to children in the State by providing for the registration of providers of such services; to regulate the provision of education services and early childhood services for the purpose of maintaining high standards of competence and conduct by providers; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Education and Early Childhood Services (Registration and Standards) Act 2011.

3Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

authorised officer means a person who is authorised by the Board to be an authorised officer under section 68;

Board means the Education and Early Childhood Services Registration and Standards Board of South Australia established under this Act;

Catholic school—see subsection (2);

Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019;

child means a person under the age of 18 years;

District Court means the Administrative and Disciplinary Division of the District Court;

early childhood services—see section 4;

Early Childhood Services Registrar means the person holding or acting in the office of Registrar for the early childhood services sector—see section 27(1)(c);

Education and Care Services National Law (South Australia)—see section 10;

Education and Care Services National Law text means the Education and Care Services National Law set out in Schedule 1 (as in force from time to time);

education services means—

1. (a)

   courses of instruction in primary or secondary education; and

2. (b)

   any other service declared by the regulations to be included in the ambit of this definition,

but does not include any service declared by the regulations not to be included in the ambit of this definition;

endorsement, of a school's registration, means an endorsement of the school's registration to enrol full fee paying overseas students under section 49;

governing authority of a school—see section 6;

Government school means a school established under the Education Act 1972 or the repealed Act (within the meaning of that Act);

Government Schools Registrar means the person holding or acting in the office of Registrar for the Government sector—see section 27(1)(a);

incorporated services provider—see subsection (7)(a);

misconduct means—

1. (a)

   improper conduct in relation to the provision of education services; or

2. (b)

   incompetence or negligence in relation to the provision of education services; or

3. (c)

   conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law (whether or not a person has been charged with, or found guilty of, the offence);

non‑Government school means a school that is not a Government school;

non‑Government Schools Registrar means the person holding or acting in the office of Registrar for the non‑Government sector—see section 27(1)(b);

proceedings before the Board—the following are proceedings before the Board:

1. (a)

   an application for registration or reinstatement of registration;

2. (b)

   a review under Part 5 Division 4;

3. (c)

   proceedings under Part 7;

prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;

registered, in relation to a school, means registered on the schools register under Part 5;

relevant Registrar means—

1. (a)

   in relation to matters involving early childhood services only—the Early Childhood Services Registrar;

2. (b)

   in relation to matters involving education services only—

   1. (i)

      in relation to matters involving Government schools only—the Government Schools Registrar;

   2. (ii)

      in relation to matters involving non‑Government schools only—the non‑Government Schools Registrar;

   3. (iii)

      in relation to matters involving both Government and non‑Government schools—the Registrar specified by the Board in relation to the matter;

3. (c)

   in relation to matters involving both early childhood services and education services—the Registrar specified by the Board in relation to the matter;

responsible authority for a school—see section 8;

school means a provider of education services;

schools register—see section 41(1)(a);

teacher means a person registered as a teacher under the Teachers Registration and Standards Act 2004 and includes a person who holds a special authority to teach under that Act;

trustee services provider—see subsection (7)(b);

working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.

1. (2)

   For the purposes of this Act, a reference to a Catholic school will be taken to be a reference to a non‑Government school specified as such by the South Australian Commission for Catholic Schools Incorporated by notice in writing given to the non‑Government Schools Registrar (and a reference to the Catholic sector will be taken to have a corresponding meaning).

2. (3)

   For the purposes of this Act, a student (other than a student or class of students declared by the regulations not to be a full fee paying overseas student) is to be regarded as a full fee paying overseas student—

   1. (a)

      if—

      1. (i)

         the student holds a temporary visa in force under the Migration Act 1958 of the Commonwealth; and

      2. (ii)

         the Commonwealth and the State disregard the student (or a class of students to which that student belongs) when calculating the amount of any assistance to the school at which the student is enrolled; or

   2. (b)

      in any other circumstances prescribed by the regulations.

3. (4)

   Without limiting the generality of the expression, a person will be taken to carry on the business of providing education services if the person, in the course of carrying on a business—

   1. (a)

      provides services to a school for which the person is entitled to receive a share in the profits or income of the school; or

   2. (b)

      engages in any other conduct declared by the regulations to be carrying on the business of providing education services.

4. (5)

   A reference in this Act to misconduct extends to—

   1. (a)

      misconduct committed before the commencement of this Act; and

   2. (b)

      misconduct committed within or outside South Australia or the Commonwealth.

5. (6)

   A reference in this Act to engaging in conduct includes a reference to failing or refusing to engage in conduct.

6. (7)

   For the purposes of this Act—

   1. (a)

      an incorporated services provider is a school that is a body corporate and a person occupies a position of authority in such a provider if the person—

      1. (i)

         is a director of the body corporate; or

      2. (ii)

         exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or

      3. (iii)

         manages, or is to manage, the business of the body corporate that consists of the provision of education services; or

      4. (iv)

         if the body corporate is a proprietary company—is a shareholder in the body corporate;

   2. (b)

      a trustee services provider is a provider acting as a school in the capacity of trustee of a trust and a person occupies a position of authority in such a provider if the person is a trustee or beneficiary of the trust.

7. (8)

   For the purposes of this Act, a person occupies a position of authority in a body corporate other than an incorporated services provider if the person—

   1. (a)

      is a director of the body corporate; or

   2. (b)

      exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or

   3. (c)

      if the body corporate is a proprietary company—is a shareholder in the body corporate.

8. (9)

   However—

   1. (a)

      a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and

   2. (b)

      a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority.

9. (10)

   For the purposes of this Act, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company.

4Early childhood services

1. (1)

   In this Act, early childhood services means services of the following kinds:

   1. (a)

      in‑home care services;

   2. (b)

      occasional care services;

   3. (c)

      rural and mobile care services;

   4. (d)

      family day care services that are not education and care services within the meaning of the Education and Care Services National Law (South Australia);

   5. (e)

      any other service declared by the regulations to be included in the ambit of this definition,

but does not include a service declared by the regulations not to be included in the ambit of this subsection.

1. (2)

   In this section—

in‑home care services means services of a kind specified by the regulations for the purposes of this definition;

occasional care services means services of a kind specified by the regulations for the purposes of this definition;

rural and mobile care services means services of a kind specified by the regulations for the purposes of this definition.

5Parts of Act not to apply in relation to certain services

The following provisions of this Act do not apply to, or in relation to, services (however described) of a kind to which the Education and Care Services National Law (South Australia) applies (other than where that Law applies to residual early childhood services under Part 3):

1. (a)

   sections 4 and 9;

2. (b)

   Part 5 to Part 10 (inclusive).

6Governing authority

For the purposes of this Act, the governing authority of a school means the person, board, committee or other authority by which the school is administered and, in the case of an incorporated or trustee services provider, includes each person who occupies a position of authority in the provider.

7Limitation of liability for volunteer members of governing authorities

1. (1)

   Despite any other provision of this Act, a volunteer member of the governing authority of a school can only be guilty of a prescribed offence against this Act if the prosecution proves that—

   1. (a)

      the volunteer member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

   2. (b)

      the volunteer member was in a position to influence the conduct of the governing authority in relation to the commission of such an offence; and

   3. (c)

      the volunteer member failed to exercise due diligence to prevent the commission of the offence.

2. (2)

   In this section—

prescribed offence means—

1. (a)

   an offence against section 42, 63(1), 75(2) or 76; or

2. (b)

   any other offence prescribed by the regulations for the purposes of this section;

volunteer member of the governing authority of a school means a person who is acting as a member of the governing authority on a voluntary basis (whether or not the person receives out‑of‑pocket expenses).

8Responsible authorities

1. (1)

   The Chief Executive is the responsible authority for Government schools.

2. (2)

   The Executive Officer of the South Australian Commission for Catholic Schools Incorporated (including a person for the time being holding or acting in that position) is the responsible authority for all Catholic schools.

3. (3)

   The Director of Lutheran Schools, South Australia (including a person for the time being holding or acting in that position) is the responsible authority for all Lutheran schools.

4. (4)

   The Director of Education, Seventh Day Adventist schools (including a person for the time being holding or acting in that position) is the responsible authority for all Seventh Day Adventist schools.

5. (5)

   The Minister may, on the application of a school or class of schools (not being a school or class of schools contemplated by a preceding subsection), by notice in writing, appoint a person—

   1. (a)

      who has been nominated by the school or class of schools; and

   2. (b)

      who has agreed in writing to the appointment,

to be the responsible authority for the school or class of schools.

1. (6)

   The Minister may, by subsequent notice in writing, vary or revoke a notice under subsection (5).

2. (7)

   In the case of a school in relation to which a responsible authority cannot be determined according to a preceding subsection, each member of the governing authority of the school will be taken to be a responsible authority for the school.

3. (8)

   In this section—

Lutheran school means a school that is a member of the Lutheran Schools Association;

Seventh Day Adventist school means a school operated by the Seventh Day Adventist Schools SA Trust.

9Objects and principles

1. (1)

   The objects of this Act include providing for the regulation of the provision of education and early childhood services in a manner that maintains high standards of competence and conduct by providers and—

   1. (a)

      recognises that all children should have access to high quality education and early childhood facilities and services that—

      1. (i)

         address their developmental needs; and

      2. (ii)

         maximise their learning and development potential through an appropriate curriculum; and

      3. (iii)

         support their educational achievement; and

      4. (iv)

         promote enthusiasm for learning; and

      5. (v)

         support, promote and contribute to their health, safety and well‑being; and

   2. (b)

      provides for a diverse range of services; and

   3. (c)

      recognises the rights of parents to access a diverse range of education and early childhood services providers; and

   4. (d)

      enhances public confidence in the operation of education and early childhood services providers.

2. (2)

   The following principles should be taken into account in the administration of this Act:

   1. (a)

      parents and guardians should have the right to choose the best services for their family;

   2. (b)

      parents and guardians, and members of school communities, should have access to relevant information concerning the regulation of their child’s school;

   3. (c)

      the welfare and best interests of children is the primary consideration in the performance of the Board's functions;

   4. (d)

      any person who works with children is obliged to protect them, respect their dignity and privacy and safeguard and promote their well‑being;

   5. (e)

      cooperation between the Minister, the Board and the school education sectors contributes to achieving the effective provision of education and early childhood services;

   6. (f)

      successful learning is built on a foundation of rich, engaging environments and meaningful interactions in which children’s voices are listened to and acted on.

3. (3)

   In exercising a power or performing a function under this Act, the Board should have regard to, and seek to give effect to, the following principles:

   1. (a)

      providers of education services and early childhood services should not be burdened by regulation more than is reasonably necessary;

   2. (b)

      the actions of the Board in relation to minimising or responding to a particular risk should be proportionate to the potential harm posed by the risk;

   3. (c)

      the Board should have regard to all of the circumstances of a particular provider of education services or early childhood services (including, without limiting this paragraph, the provider's history of compliance with this or any other relevant Act and any risk that the provider may not comply with this Act in the future).

Note—

The Education and Care Services National Law (South Australia) may contain further objects and principles in respect of services to which that Law applies.

Part 2Adoption of Education and Care Services National Law

10Application of Education and Care Services National Law

1. (1)

   The Education and Care Services National Law text—

   1. (a)

      applies as a law of this jurisdiction; and

   2. (b)

      as so applying may be referred to as the Education and Care Services National Law (South Australia).

2. (2)

   Subsection (1) applies subject to any modifications made to the Education and Care Services National Law by or under this Act.

11Amendments to Law to maintain national consistency

1. (1)

   If—

   1. (a)

      the Parliament of Victoria enacts an amendment to the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria; and

   2. (b)

      the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Victoria should be made to the Education and Care Services National Law (South Australia),

the Governor may, by regulation, amend the Education and Care Services National Law text.

1. (2)

   The Governor may, as part of a regulation made under subsection (1), make any additional provision (including so as to modify the terms of an amendment that has been made to the Education and Care Services National Law by the Parliament of Victoria or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Education and Care Services National Law has proper effect in South Australia.

2. (3)

   A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Education and Care Services National Law made by the Parliament of Victoria (including a day that is earlier than the day of the regulation's publication in the Gazette).

12Exclusion of legislation of this jurisdiction

1. (1)

   Subject to subsections (2) and (3), the following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations:

   1. (a)

      the Acts Interpretation Act 1915;

   2. (b)

      the Legislative Instruments Act 1978.

2. (2)

   To avoid doubt, the Legislative Instruments Act 1978 applies to a regulation made under section 11.

3. (3)

   In connection with the operation of section 303 of the Education and Care Services National Law (South Australia)—

   1. (a)

      the Minister must, after a regulation made under that Law is tabled in each House of Parliament, forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report; and

   2. (b)

      if a regulation is disallowed under that section, the disallowance will have effect in this State despite any provision in the Education and Care Services National Law.

4. (4)

   The following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations except to the extent that that Law or those instruments apply to the Regulatory Authority, or to the employees, decisions, actions and records of the Regulatory Authority:

   1. (a)

      the Ombudsman Act 1972;

   2. (b)

      the Public Finance and Audit Act 1987;

   3. (c)

      the Public Sector Act 2009;

   4. (d)

      the Public Sector (Honesty and Accountability) Act 1995;

   5. (e)

      the State Records Act 1997.

5. (5)

   The Freedom of Information Act 1991 does not apply in relation to the National Quality Framework.

6. (6)

   In this section—

National Quality Framework, national regulations and Regulatory Authority have the same meanings as in the Education and Care Services National Law (South Australia).

13Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction

1. (1)

   In the Education and Care Services National Law (South Australia)—

child protection law means—

1. (a)

   the Children's Protection Act 1993; and

2. (b)

   the Family and Community Services Act 1972; and

3. (c)

   the Guardianship and Administration Act 1993; and

4. (ca)

   the Children and Young People (Safety) Act 2017; and

5. (d)

   any other Act declared by the regulations to be a child protection law;

court means the Magistrates Court;

local authority means a local council within the meaning of the Local Government Act 1999;

magistrate means a person holding office as a Magistrate under the Magistrates Act 1983;

public authority means a body established for a public purpose by or under an Act;

superior court means the Supreme Court;

this jurisdiction means South Australia.

1. (2)

   For the purposes of the definition of children's services law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be children's services laws for this jurisdiction.

1. (3)

   For the purposes of the definition of children's services regulator in the Education and Care Services National Law (South Australia), the Board is declared to be the children's services regulator for this jurisdiction.

2. (4)

   For the purposes of the definition of education law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be education laws for this jurisdiction.

3. (5)

   For the purposes of the definition of former education and care services law in the Education and Care Services National Law (South Australia), the Education Act 1972 and the Children's Services Act 1985 are declared to be former education and care services laws for this jurisdiction.

4. (6)

   For the purposes of the definition of infringements law in the Education and Care Services National Law (South Australia), the Expiation of Offences Act 1996 is declared to be an infringements law for this jurisdiction.

5. (7)

   For the purposes of the definition of public sector law in the Education and Care Services National Law (South Australia), the Public Sector Act 2009 and the Public Sector (Honesty and Accountability) Act 1995 are declared to be public sector laws for this jurisdiction.

6. (8)

   For the purposes of the definition of relevant tribunal or court in the Education and Care Services National Law (South Australia)—

   1. (a)

      the Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of the Education and Care Services National Law (South Australia); and

   2. (b)

      the District Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Part 8 of the Education and Care Services National Law (South Australia).

7. (9)

   For the purposes of the definition of Regulatory Authority in the Education and Care Services National Law (South Australia), the Board is declared to be the Regulatory Authority for this jurisdiction.

8. (10)

   For the purposes of the definition of working with children law in the Education and Care Services National Law (South Australia), the Child Safety (Prohibited Persons) Act 2016, and any other Act prescribed by the regulations, are declared to be working with children laws for this jurisdiction.

9. (11)

   For the purposes of the definition of declared approved family day care service in section 305 of the Education and Care Services National Law (South Australia), a family day care scheme that was, immediately before the scheme commencement day, being operated by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 is declared to be a declared approved family day care service for this jurisdiction.

10. (12)

    For the purposes of the definition of declared approved family day care venue in section 305 of the Education and Care Services National Law (South Australia), premises that, immediately before the scheme commencement day, were the subject of an approval as family day care premises under section 33 of the Children's Services Act 1985 are declared to be a declared approved family day care venue for this jurisdiction.

11. (13)

    For the purposes of the definition of declared approved provider in section 305 of the Education and Care Services National Law (South Australia), the following are declared to be declared approved providers for this jurisdiction:

    1. (a)

       the administrative unit of the Public Service that was, immediately before the scheme commencement day, responsible under the Minister for the administration of the Children's Services Act 1985;

    2. (b)

       a person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985;

    3. (c)

       a person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia;

    4. (d)

       a person or body who, immediately before the scheme commencement day, operated a pre‑school education service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;

    5. (e)

       a person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;

    6. (f)

       any other person or body declared by the regulations to be included in the ambit of this subsection.

12. (14)

    For the purposes of the definition of declared approved service in section 305 of the Education and Care Services National Law (South Australia), the following education and care services are declared to be declared approved services for this jurisdiction:

    1. (a)

       a family day care service;

    2. (b)

       a child care centre service;

    3. (c)

       an out of school hours care service;

    4. (d)

       a pre‑school education service;

    5. (e)

       any other service declared by the regulations to be included in the ambit of this subsection.

13. (15)

    For the purposes of the definition of declared certified supervisor in section 305 of the Education and Care Services National Law (South Australia), the following persons are declared to be declared certified supervisors for this jurisdiction:

    1. (a)

       a natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998, a manager of a child care centre;

    2. (b)

       a person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998) in relation to a child care centre;

    3. (c)

       a person who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in a position of the following kinds in the administrative unit of the Public Service that was, at the relevant time, responsible under the Minister for the administration of the Children's Services Act 1985:

       1. (i)

          a field worker in relation to the provision of family day care;

       2. (ii)

          a coordinator in relation to the provision of family day care;

       3. (iii)

          a team leader in relation to the provision of family day care;

       4. (iv)

          a manager in relation to the provision of family day care;

    4. (d)

       a teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by subsection (14);

    5. (e)

       any other person, or class of person, declared by the regulations to be included within the ambit of this subsection.

14. (16)

    For the purposes of the definition of declared nominated supervisor in section 305 of the Education and Care Services National Law (South Australia), a person authorised in writing by the Minister for the purposes of this subsection is declared to be a declared nominated supervisor for this jurisdiction.

15. (17)

    For the purposes of the definition of former approval in section 305 of the Education and Care Services National Law (South Australia), an authorisation (however described) under the Education Act 1972 or the Children's Services Act 1985 in force immediately before the scheme commencement day to provide a service of a kind contemplated by subsection (14) is declared to be a former approval for this jurisdiction.

16. (18)

    For the purposes of subsection (17), and without limiting any other way in which a person may be authorised under the Education Act 1972 or the Children's Services Act 1985 to provide a particular service—

    1. (a)

       a person or body will be taken to have been authorised under the Education Act 1972 or the Children's Services Act 1985 (as the case requires) to provide a service of a kind contemplated by subsection (14) if the person or body was, immediately before the scheme commencement day, providing a service of the relevant kind; and

    2. (b)

       that authorisation will be taken to have been in force immediately before the scheme commencement day.

17. (19)

    For the purposes of this section, a reference to an Act of this jurisdiction includes a reference to regulations made under that Act.

18. (20)

    In this section—

scheme commencement day has the same meaning as in the Education and Care Services National Law (South Australia).

13AWorking with children checks

A reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person—

1. (a)

   in respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and

2. (b)

   who is not a prohibited person (within the meaning of that Act).

14Penalty at end of provision

In the Education and Care Services National Law (South Australia), a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty.

15Tabling of annual report

1. (1)

   Without limiting section 280 of the Education and Care Services National Law (South Australia), the Minister must cause copies of the annual report of the National Authority, and the report of the public sector auditor with respect to the financial statement in the report, to be laid before both Houses of Parliament.

2. (2)

   In this section—

National Authority has the same meaning as in the Education and Care Services National Law (South Australia).

Part 3Application of Education and Care Services National Law (South Australia) to residual early childhood services providers

16Application of Education and Care Services National Law (South Australia) to residual early childhood services providers

1. (1)

   The Education and Care Services National Law (South Australia), as modified by Schedule 2 and as in force from time to time, applies in relation to all residual early childhood services as if they were education and care services within the meaning of that Law.

2. (2)

   In this section—

residual early childhood services means early childhood services of a kind to which the Education and Care Services National Law (South Australia) would not, but for this section, apply.

Note—

See section 4 for the definition of early childhood services.

17Exemption from certain provisions of Education and Care Services National Law (South Australia)

1. (1)

   Subject to this section, the Minister may, by notice in writing—

   1. (a)

      exempt a person, or class of persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of the Education and Care Services National Law (South Australia) as they apply to, or in relation to, residual early childhood services; or

   2. (b)

      vary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition.

2. (2)

   The Minister must consult with the Board before making a notice under subsection (1).

3. (3)

   A person who contravenes a condition of an exemption is guilty of an offence.

Maximum penalty: $10 000.

Part 4AdministrationDivision 1The Minister18Functions of Minister

1. (1)

   The functions of the Minister under this Act are—

   1. (a)

      to support the delivery of the highest possible standard of education services and early childhood services;

   2. (b)

      to work with the Board to ensure effective monitoring and evaluation of the delivery of education and early childhood services;

   3. (c)

      to support the promotion of, and public awareness on the availability and quality of, education and early childhood services;

   4. (d)

      such other functions assigned to the Minister by or under this or any other Act.

2. (2)

   For the purposes of this section, a reference to early childhood services includes a reference to an education and care service (within the meaning of the Education and Care Services National Law (South Australia)).

Note—

The Education and Care Services National Law (South Australia) may contain further functions in respect of services to which that Law applies.

19Ministerial directions

1. (1)

   Subject to this section, the Minister may give the Board a direction about any matter relevant to the performance or exercise of a function or power of the Board.

2. (2)

   No Ministerial direction may be given—

   1. (a)

      in relation to the registration of a particular school, or the imposition of conditions on the registration of a particular school, or the suspension or cancellation of the registration of a particular school; or

   2. (b)

      in relation to the determination of criteria for registration under this Act; or

   3. (c)

      in relation to any particular proceedings before the Board; or

   4. (d)

      in relation to a particular complaint of a kind contemplated by section 30.

3. (3)

   A direction given by the Minister under this section must be in writing.

4. (4)

   If the Minister gives a direction under this section—

   1. (a)

      the Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and

   2. (b)

      the Board must cause details of the direction to be published in its next annual report.

20Power of delegation

1. (1)

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

2. (2)

   A delegation under this section—

   1. (a)

      must be by instrument in writing; and

   2. (b)

      may be absolute or conditional; and

   3. (c)

      does not derogate from the ability of the Minister to act in any matter; and

   4. (d)

      is revocable at will.

3. (3)

   A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

4. (4)

   A person to whom a function has 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 the functions must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

1. (5)

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

Division 2The Education and Early Childhood Services Registration and Standards Board of South AustraliaSubdivision 1The Board21Establishment of Board

1. (1)

   The Education and Early Childhood Services Registration and Standards Board of South Australia is established.

2. (2)

   The Board—

   1. (a)

      is a body corporate; and

   2. (b)

      has perpetual succession and a common seal; and

   3. (c)

      can sue and be sued in its corporate name; and

   4. (d)

      has the functions and powers assigned or conferred by or under this or any other Act.

3. (3)

   If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly fixed to the document.

22Composition of Board

1. (1)

   The Board consists of 13 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Board to carry out its functions effectively.

2. (2)

   Of those members—

   1. (a)

      1 (who will be the presiding member) must be a person who has, in the opinion of the Minister, extensive knowledge and expertise in the education and care of children; and

   2. (b)

      2 must be nominated from a panel of 4 persons submitted by the Chief Executive; and

   3. (c)

      2 must be nominated from a panel of 4 persons submitted by the Association of Independent Schools of South Australia; and

   4. (d)

      2 must be nominated from a panel of 4 persons submitted by the South Australian Commission for Catholic Schools Incorporated; and

   5. (e)

      2 must be nominated from a panel of 4 persons submitted by the prescribed child care bodies; and

   6. (f)

      1 must be a legal practitioner.

3. (2a)

   A person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.

4. (3)

   If the Minister does not receive a submission from a body under subsection (2)(c), (d) or (e) within 2 months after requesting the submission of 4 names by that body, the Minister may, by notice in writing, request the relevant body to make a nomination within a time (being not less than 1 month) allowed in the notice and if a nomination is not made within that time, then the Minister may proceed to nominate a person or persons determined by the Minister in lieu of a person submitted by that body.

5. (4)

   Subject to this section, the Minister should, before nominating a person for appointment to the Board (other than for the purposes of subsection (2)(c), (d) or (e)), under a scheme determined by the Minister for the purposes of this section—

   1. (a)

      call for expressions of interest; and

   2. (b)

      take into account any representations made by a prescribed designated entity.

6. (5)

   In nominating the remaining members of the Board, the Minister should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Board.

7. (6)

   The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member.

8. (7)

   The Governor may, on the recommendation of the Minister, appoint a suitable person to be the deputy presiding member of the Board.

9. (8)

   The Governor may, on the nomination of the Minister, appoint a suitable person to be the deputy of a member of the Board.

10. (9)

    A deputy may act as a member of the Board during any period of absence of the member in relation to whom the deputy has been appointed.

11. (10)

    If—

    1. (a)

       the office of a member of the Board becomes vacant before the expiry of the term of appointment specified in the member's instrument of appointment; and

    2. (b)

       a person has been appointed to be the deputy of that member,

the person appointed to be the deputy of the member may act as a member of the Board in respect of the vacant office—

1. (c)

   for the balance of the term of appointment referred to in paragraph (a); or

2. (d)

   until a person is appointed to the vacant office under this Act,

whichever first occurs (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a person acting as a member under this subsection).

23Conditions of membership

1. (1)

   Subject to this section, a member of the Board will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.

2. (2)

   A member of the Board cannot hold office for consecutive terms that exceed 9 years in total.

3. (3)

   The Governor may remove a member of the Board from office—

   1. (a)

      for breach of, or non‑compliance with, a condition of appointment; or

   2. (ab)

      if a working with children check has not been conducted in relation to the member within the preceding 5 years; or

   3. (b)

      for mental or physical incapacity to carry out duties of office satisfactorily; or

   4. (c)

      for neglect of duty; or

   5. (d)

      for dishonourable conduct.

4. (4)

   The office of a member of the Board becomes vacant if the member—

   1. (a)

      dies; or

   2. (b)

      completes a term of office and is not reappointed; or

   3. (c)

      resigns by written notice addressed to the Minister; or

   4. (ca)

      becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or

   5. (d)

      is found guilty of a prescribed offence; or

   6. (e)

      is removed from office by the Governor under subsection (3); or

   7. (f)

      accepts employment as a Registrar under this Act.

24Casual vacancies

The following rules govern the appointment of a person to fill a casual vacancy that occurs in the office of a member appointed in accordance with section 22(2)(c), (d) or (e):

1. (a)

   if the vacancy occurs within 12 months after the member's appointment, the Governor must appoint on the nomination of the Minister 1 of the remaining persons from the panel submitted in relation to the member's appointment;

2. (b)

   if—

   1. (i)

      none of the remaining persons are qualified for appointment; or

1. 1. (ii)

      none of the remaining persons are available or willing to be appointed; or

   2. (iii)

      if the vacancy occurs later than 12 months after the member's appointment,

the Governor may appoint a person nominated by the Minister from a new panel of 4 persons submitted by the body referred to in the relevant paragraph (and, if the Minister does not receive a submission from the body within 14 days after requesting the submission of 4 names by that body, the Minister may proceed to nominate a person determined by the Minister in lieu of a person submitted by that body);

1. (c)

   the person appointed holds office for the balance of the term of that person's predecessor.

25Allowances and expenses

A member of the Board (other than a member who is a member of the Public Service) is entitled to fees, allowances and expenses approved by the Governor.

26Validity of acts

An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

Subdivision 2Registrars and staff27Registrars of Board

1. (1)

   There will be the following Registrars of the Board:

   1. (a)

      the Registrar for the Government sector (the Government Schools Registrar);

   2. (b)

      the Registrar for the non‑Government sector (the non‑Government Schools Registrar);

   3. (c)

      the Registrar for the early childhood services sector (the Early Childhood Services Registrar).

2. (2)

   The Registrars will be appointed by the Board on terms and conditions determined by the Board.

3. (2a)

   A person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years.

28Staff of Board

1. (1)

   The Board's staff consists of—

   1. (a)

      Public Service employees assigned to assist the Board; and

   2. (b)

      persons employed by the Board, on terms and conditions determined by the Board after consultation with the Minister, to assist the Board.

2. (1a)

   A person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years.

3. (2)

   If a person commences employment as a member of the staff of the Board after ceasing to be employed—

   1. (a)

      in the Public Service of the State; or

   2. (b)

      by a prescribed employing authority,

and that employment with the Board follows immediately on the cessation of that previous employment, then—

1. (c)

   the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the Board; and

2. (d)

   the person is not entitled to payment in lieu of those rights.

1. (3)

   Except where subsection (2) applies, if a person commences employment as a member of the staff of the Board within 3 months after ceasing to be employed—

   1. (a)

      in the Public Service of the State; or

   2. (b)

      by a prescribed employing authority; or

   3. (c)

      in prescribed employment,

the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the Board and subject to such conditions as may be determined by the Board, as if that previous employment had been employment by the Board.

1. (4)

   The Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

2. (5)

   In this section—

prescribed employing authority means—

1. (a)

   the employing authority under the Education Act 1972; or

2. (ab)

   the Chief Executive under the Education and Children's Services Act 2019; or

3. (b)

   the employing authority under the Children's Services Act 1985; or

4. (c)

   any other person or body declared by the Minister to be included in the ambit of this definition.

Subdivision 3Functions of Board29Functions of Board

1. (1)

   The functions of the Board are as follows:

   1. (a)

      to regulate the provision of education services and early childhood services;

   2. (b)

      to approve the requirements for endorsement of registration;

   3. (c)

      to establish and maintain the registers contemplated by this Act;

   4. (d)

      to prepare or endorse codes of conduct for registered schools;

   5. (e)

      to provide advice to the Minister as the Board considers appropriate;

   6. (f)

      to carry out other functions assigned to the Board under this or any other Act or by the Minister.

2. (2)

   A code of conduct prepared or endorsed by the Board cannot come into operation except with the written approval of—

   1. (a)

      the Minister; and

   2. (b)

      a majority of the peak bodies prescribed by the regulations for the purpose of this subsection.

3. (3)

   The Board must, in relation to each code of conduct prepared or endorsed by the Board and that has been approved in accordance with subsection (2)—

   1. (a)

      cause a copy of the code to be published in the Gazette, together with a statement of the operative date of the code (which cannot be a date earlier than the date of publication); and

   2. (b)

      take reasonable steps to send a copy of the code to each school to which it applies; and

   3. (c)

      ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Board,

(although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct).

30Complaint made directly to Board to be referred to school

1. (1)

   If a person makes a complaint to the Board or a Registrar in relation to the provision of education services by a registered school, the Board or Registrar must refer the complaint to the registered school to be dealt with in accordance with the procedures for handling complaints established by the school.

2. (2)

   However, if the Board is of the opinion that the subject matter of a complaint—

   1. (a)

      would, if proved, constitute a proper cause for disciplinary action under Part 7; and

   2. (b)

      is of such seriousness that the matter should instead be the subject of a complaint laid under section 62,

the Board may direct the relevant Registrar to lay a complaint under that section instead of referring the matter to the registered school.

31Committees

1. (1)

   The Board may establish committees—

   1. (a)

      to advise the Board or a Registrar on any matter; or

   2. (b)

      to carry out functions on behalf of the Board.

2. (2)

   The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.

3. (3)

   The Board will determine who will be the presiding member of a committee.

4. (4)

   The procedures to be observed in relation to the conduct of the business of a committee will be—

   1. (a)

      as determined by the Board; and

   2. (b)

      insofar as a procedure is not determined under paragraph (a)—as determined by the committee.

32Power of delegation

1. (1)

   The Board may delegate a function or power under this Act (other than a function or power under Part 7 or a prescribed function or power)—

   1. (a)

      to a member of the Board, a Registrar or an employee of the Board; or

   2. (b)

      to a committee established by the Board; or

   3. (c)

      to a specified body or person (including a person for the time being holding or acting in a specified office or position).

2. (2)

   A delegation under this section—

   1. (a)

      must be by instrument in writing; and

   2. (b)

      may be absolute or conditional; and

   3. (c)

      does not derogate from the ability of the Board to act in any matter; and

   4. (d)

      is revocable at will.

3. (3)

   A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

4. (4)

   A person to whom a function has 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 the functions must disclose the nature of the interest in writing to the Board.

Maximum penalty: $20 000.

1. (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.

Subdivision 4Board's procedures33Board's procedures

1. (1)

   Subject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.

2. (2)

   At least 1 member of the Board appointed in accordance with each of paragraphs (c), (d) and (e) of section 22 must be present at any meeting of the Board.

3. (3)

   A meeting of the Board will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting.

4. (4)

   A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.

5. (5)

   Each member present at a meeting of the Board has 1 vote on any question arising for decision.

6. (6)

   A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—

   1. (a)

      notice of the conference is given to all members in the manner determined by the Board for the purpose; and

   2. (b)

      each participating member is capable of communicating with every other participating member during the conference.

7. (7)

   A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—

   1. (a)

      notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and

   2. (b)

      a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution.

8. (8)

   The Board must have accurate minutes kept of its meetings.

9. (9)

   Subject to this Act, the Board may determine its own procedures.

34Conflict of interest etc under Public Sector (Honesty and Accountability) Act 1995

A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with persons involved in the provision of education services or early childhood services generally, or a substantial section of persons involved in the provision of education services or early childhood services.

Note—

The Public Sector (Honesty and Accountability) Act 1995 imposes duties of honesty and accountability on public sector office holders, including members of the Board.

35Powers of Board in relation to witnesses etc

1. (1)

   For the purposes of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may—

   1. (a)

      by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or

   2. (b)

      by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—

      1. (i)

         a written translation of the document or record into English; and

      2. (ii)

         a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or

   3. (c)

      inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or

   4. (d)

      require a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or

   5. (e)

      require a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board.

2. (2)

   On the receipt of an application for the issue of a summons under this section, a member of the Board or the relevant Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.

3. (3)

   A person who—

   1. (a)

      fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or

   2. (b)

      having been served with a summons to produce—

      1. (i)

         a written translation of the document or record into English; and

      2. (ii)

         a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record,

   fails, without reasonable excuse, to comply with the summons; or

   1. (c)

      refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board,

is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 6 months.

1. (4)

   A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.

2. (5)

   In the course of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may—

   1. (a)

      receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper; and

   2. (b)

      adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.

36Principles governing proceedings

1. (1)

   In proceedings before the Board, the Board—

   1. (a)

      is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and

   2. (b)

      must act according to the principles of natural justice and ensure procedural fairness; and

   3. (c)

      must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

2. (2)

   In proceedings before the Board, the Board must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings.

37Representation at proceedings before Board

1. (1)

   A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings.

2. (2)

   The Board may be assisted by legal counsel at the hearing of proceedings.

38Costs

1. (1)

   The Board may award such costs against a party to proceedings before it as the Board considers just and reasonable.

2. (2)

   A party who is dissatisfied with the amount of the costs awarded by the Board may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Board.

3. (3)

   Costs awarded by the Board under this section may be recovered as a debt.

Subdivision 5Financial matters, audit and annual report39Accounts and audit

1. (1)

   The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of accounts prepared in respect of each financial year.

2. (2)

   The accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Board.

3. (3)

   The Auditor‑General may at any time audit the accounts of the Board.

40Annual report

1. (1)

   The Board must, on or before 31 October in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June.

2. (2)

   The report must—

   1. (a)

      include the information prescribed by the regulations in relation to the relevant financial year; and

   2. (b)

      incorporate the audited accounts of the Board for the relevant financial year.

3. (3)

   The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 5Registration of schoolsDivision 1Registers41Registers

1. (1)

   The Board must keep the following registers:

   1. (a)

      a schools register, comprised of the following parts:

      1. (i)

         Government schools;

      2. (ii)

         non‑Government schools;

   2. (b)

      a register of schools that have been removed from the schools register and who have not been reinstated to that register.

2. (2)

   The schools register must include the following information in relation to each school on the register:

   1. (a)

      the name of the school;

   2. (b)

      the address of each campus of the school;

   3. (c)

      the conditions (if any) of the registration;

   4. (d)

      any endorsement of the registration;

   5. (e)

      any other information required by the regulations.

3. (3)

   The Registrars are responsible to the Board for the form and maintenance of the registers.

4. (4)

   The Registrars must correct an entry in a register that is not, or has ceased to be, correct.

5. (5)

   The registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the registers, or extracts of the registers, may be made available to the public by electronic means.

6. (6)

   A person may, on payment of the prescribed fee, obtain a copy of any part of a register.

Division 2Registration on schools register42Schools to be registered

1. (1)

   A school at which education services are provided, or students enrolled, must be registered under this Division.

2. (2)

   If a school provides education services or enrols students in contravention of subsection (1)—

   1. (a)

      if the school is an incorporated or trustee services provider—the school; or

   2. (b)

      in any other case—the responsible authority for the school,

is guilty of an offence.

Maximum penalty: $75 000.

43Registration on schools register

1. (1)

   Subject to this Act, a school is eligible for registration on the schools register if the Board, on application made in accordance with this Act, is satisfied that—

   1. (a)

      the nature and content of the instruction offered, or to be offered, at the school is satisfactory; and

   2. (b)

      the school provides adequate protection for the safety, health and welfare of its students; and

   3. (c)

      the school satisfies any other requirements set out in the regulations for the purposes of this subsection.

2. (2)

   The Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board.

3. (3)

   Before making a recommendation for the purposes of subsection (2), the Board must consult with the bodies prescribed by the regulations for the purposes of this subsection (and may consult with any other person or body the Board thinks fit).

4. (4)

   An application for registration must—

   1. (a)

      be made in a manner and form determined by the Board; and

   2. (b)

      be accompanied by the prescribed fee.

5. (5)

   An applicant for registration must provide the Board with such further information as the Board may reasonably require to determine the application.

6. (6)

   A school's registration remains in force until cancelled under this Act.

44Board may impose conditions on registration

1. (1)

   The Board may impose such conditions on the registration of a school as it thinks fit (including, to avoid doubt, a condition restricting the kind of education services that may be provided by the school).

2. (2)

   The Board may, by notice in writing, on application by the school concerned or of its own motion, vary the conditions of registration of the school by the addition, substitution or deletion of 1 or more conditions.

45Certificates of registration

1. (1)

   If the Board registers a school on the schools register, the Board must issue to the school a certificate of registration in the prescribed form (and if a registered school has more than 1 campus, the Board must issue a sufficient number of duplicate certificates of registration to enable the school to comply with this section).

2. (2)

   A registered school must at all times and in a conspicuous place at each of the school's campuses, display—

   1. (a)

      the certificate of registration, or a duplicate certificate of registration, for the school; and

1.10.2017
Pt 7 Div 3
s 182
heading	amended by 271/2017 r 47(3)	1.10.2017
s 182(2)	amended by 271/2017 r 47(1)	1.10.2017
s 182(3)	inserted by 271/2017 r 47(2)	1.10.2017
s 184
heading	amended by 271/2017 r 48(2)	1.10.2017
s 184(3)	inserted by 271/2017 r 48(1)	1.10.2017
s 185	substituted by 271/2017 r 49	1.10.2017
s 186
s 186(4A)	inserted by 271/2017 r 50	1.10.2017
s 187
s 187(1)	amended by 271/2017 r 51(1)	1.10.2017
amended by 60/2023 r 57(1)	1.10.2023
s 187(2)	inserted by 271/2017 r 51(2)	1.10.2017
amended by 60/2023 r 57(2)	1.10.2023
s 188
s 188(1)	amended by 271/2017 r 52(1)	1.10.2017
amended by 60/2023 r 58(1)	1.10.2023
s 188(2)	inserted by 271/2017 r 52(2)	1.10.2017
amended by 60/2023 r 58(2)	1.10.2023
s 188(3)	inserted by 271/2017 r 52(2)	1.10.2017
amended by 60/2023 r 58(3)	1.10.2023
s 188A	inserted by 271/2017 r 53	1.10.2017
amended by 60/2023 r 59	1.10.2023
Pt 8
s 190	amended by 271/2017 r 54(1)	1.10.2017
(d)(iii) deleted by 271/2017 r 54(1)	1.10.2017
amended by 53/2024 r 11	22.11.2023
s 192	(b)(v) deleted by 271/2017 r 54(2)	1.10.2017
Pt 9
s 196
s 196(3)	amended by 60/2023 r 60(1)	1.10.2023
s 196(5)	amended by 60/2023 r 60(2)	1.10.2023
s 197
s 197(3)	amended by 72/2022 r 10	30.3.2022
s 199
s 199(4)	amended by 271/2017 r 55	1.10.2017
s 200
s 200(1)	amended by 271/2017 r 56	1.10.2017
s 200A	inserted by 271/2017 r 57	1.10.2017
s 201
s 201(3)	amended by 271/2017 r 58	1.10.2017
s 202
s 202(1) and (3)	amended by 271/2017 r 59	1.10.2017
s 206
s 206(4)	amended by 271/2017 r 54(3)	1.10.2017
s 207	amended by 60/2023 r 61	1.10.2023
s 208	amended by 60/2023 r 62	1.10.2023
s 209	amended by 60/2023 r 63	1.10.2023
s 210	amended by 60/2023 r 64	1.10.2023
s 217	amended by 60/2023 r 65	1.10.2023
s 218	amended by 60/2023 r 66	1.10.2023
Pt 11
s 225
s 225(1)	amended by 271/2017 r 60	1.10.2017
s 249
s 249(1)	amended by 271/2017 r 61	1.10.2017
Pt 12
s 261
s 261(2)	amended by 271/2017 r 54(4)	1.10.2017
s 264
s 264(2)	amended by 72/2022 r 11(a), (b)	30.3.2022
s 268	deleted by 271/2017 r 62	1.10.2017
s 269	substituted by 271/2017 r 63	1.10.2017
s 269(1)	amended by 60/2023 r 67(1)	1.10.2023
s 269(2)	amended by 60/2023 r 67(2)	1.10.2023
s 269(3)	amended by 60/2023 r 67(3)	1.10.2023
s 269(4)	inserted by 60/2023 r 67(4)	1.10.2023
s 270
s 270(1)	amended by 271/2017 r 64(1)	1.10.2017
s 270(2)	amended by 271/2017 r 64(2)	1.10.2017
s 270(5)	amended by 271/2017 r 64(3)	1.10.2017
s 270(6)	amended by 271/2017 r 64(4)	1.10.2017
s 271	substituted by 271/2017 r 65	1.10.2017
s 272	substituted by 271/2017 r 65	1.10.2017
heading	amended by 72/2022 r 12	30.3.2022
s 273
s 273(1)	amended by 60/2023 r 68	1.10.2023
Pt 14
s 284	amended by 271/2017 r 66	1.10.2017
s 291
s 291(1)	amended by 271/2017 r 67	1.10.2017
s 292	(a)(iii) deleted by 271/2017 r 54(5)	1.10.2017
amended by 271/2017 r 54(5)	1.10.2017
s 295
s 295(1)	amended by 60/2023 r 69	1.10.2023
s 297
s 297(1)	amended by 60/2023 r 70	1.10.2023
s 301
s 301(3)	amended by 271/2017 r 54(6)	1.10.2017
s 301(4)	amended by 60/2023 r 71	1.10.2023
Pt 15
Pt 15 Div 4
s 322
s 322(3)	amended by 60/2023 r 72	1.10.2023
Pt 15 Div 5	inserted by 271/2017 r 68	1.10.2017
s 330	expired: s 330(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2021)
s 331	expired: s 331(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2021)
Pt 15 Div 6	inserted by 271/2017 r 69	1.10.2017
Pt 15 Div 7	inserted by 60/2023 r 13	1.7.2023
Pt 15 Div 8	inserted by 53/2024 r 12	22.11.2023
Sch 3
Pts 1—13	omitted under Legislation Revision and Publication Act 2002	8.12.2016

Historical versions

8.12.2016

1.10.2017

1.7.2019

1.7.2020

30.3.2022

1.7.2023

1.9.2023

1.10.2023