Regulation (Education and Early Childhood Services) Variation and Revocation Regulations 2011 (SA)

South Australia

Regulation (Education and Early Childhood Services) Variation and Revocation Regulations 2011

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

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Children's Protection Regulations 2010

4            Variation of regulation 14—Exemptions

Part 3—Variation of Children's Services (Appeals) Regulations 2008

5            Variation of regulation 4—Lodgement of appeals

Part 4—Revocation of Children's Services (Baby Sitting Agencies) Regulations 2001

6            Revocation of regulations

Part 5—Revocation of Children's Services (Child Care Centre) Regulations 1998

7           Revocation of regulations

Part 6—Revocation of Children's Services (Membership of Committees) Regulations 2001

8            Revocation of regulations

Part 7—Variation of Children's Services (Registered Children's Services Centres) Regulations 2003

9            Revocation of regulation 5

10          Revocation of Schedule 1

Part 8—Revocation of Education (Councils—Transitional) Regulations 2001

11          Revocation of regulations

Part 9—Revocation of Education (Registration of Non-Government Schools) Regulations 1998

12          Revocation of regulations

Part 10—Variation of Freedom of Information (Exempt Agency) Regulations 2008

13          Variation of regulation 5—Exempt agencies in respect of certain information—education agencies

Part 11—Variation of Passenger Transport Regulations 2009

14          Variation of regulation 7—Sections 27, 28 and 29 of Act not to apply in certain cases

Part 12—Variation of Public Corporations (Australian Children's Performing Arts Company) Regulations 2001

15          Variation of regulation 7—Composition of Board

Part 13—Variation of Waterworks Regulations 2011

16          Variation of regulation 27—Exclusion of purposes from definition of commercial purpose

Part 1—Preliminary

1—Short title

These regulations may be cited as the Regulation (Education and Early Childhood Services) Variation and Revocation Regulations 2011.

2—Commencement

These regulations will come into operation on 1 January 2012.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Children's Protection Regulations 2010

4—Variation of regulation 14—Exemptions

Regulation 14(2)(a)(i)—delete "that are licensed or approved under the Children's Services Act 1985" and substitute:

for which an approval (however described) is required under the Children's Services Act 1985 or the Education and Early Childhood Services (Registration and Standards) Act 2011

Part 3—Variation of Children's Services (Appeals) Regulations 2008

5—Variation of regulation 4—Lodgement of appeals

1. Regulation 4(b)(ii)—delete subparagraph (ii)

2. Regulation 4(b)(iii)—delete "licence, registration or proposed licence or"

Part 4—Revocation of Children's Services (Baby Sitting Agencies) Regulations 2001

6—Revocation of regulations

The Children's Services (Baby Sitting Agencies) Regulations 2001 are revoked.

Part 5—Revocation of Children's Services (Child Care Centre) Regulations 1998

7—Revocation of regulations

The Children's Services (Child Care Centre) Regulations 1998 are revoked.

Part 6—Revocation of Children's Services (Membership of Committees) Regulations 2001

8—Revocation of regulations

The Children's Services (Membership of Committees) Regulations 2001 are revoked.

Part 7—Variation of Children's Services (Registered Children's Services Centres) Regulations 2003

9—Revocation of regulation 5

Regulation 5—delete the regulation

10—Revocation of Schedule 1

Schedule 1—delete Schedule 1

Part 8—Revocation of Education (Councils—Transitional) Regulations 2001

11—Revocation of regulations

The Education (Councils—Transitional) Regulations 2001 are revoked.

Part 9—Revocation of Education (Registration of Non-Government Schools) Regulations 1998

12—Revocation of regulations

The Education (Registration of Non-Government Schools) Regulations 1998 are revoked.

Part 10—Variation of Freedom of Information (Exempt Agency) Regulations 2008

13—Variation of regulation 5—Exempt agencies in respect of certain information—education agencies

Regulation 5(1)—after paragraph (b) insert:

(ba)the Minister responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011;

Part 11—Variation of Passenger Transport Regulations 2009

14—Variation of regulation 7—Sections 27, 28 and 29 of Act not to apply in certain cases

Regulation 7(1)(a)(i), (ii) and (iii)—delete subparagraphs (i), (ii) and (iii) and substitute:

(i)an administrative unit that is, under a Minister, responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011, the Education Act 1972 or the Children's Services Act 1985; or

(ii)a registered school within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 (including, in the case of a Government school, a school council constituted with respect to the school); or

(iii)an approved provider under the Education and Care Services National Law (South Australia); or

Part 12—Variation of Public Corporations (Australian Children's Performing Arts Company) Regulations 2001

15—Variation of regulation 7—Composition of Board

Regulation 7(3)—delete "Minister for Education and Children's Services" and substitute:

Minister to whom the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011 is committed

Part 13—Variation of Waterworks Regulations 2011

16—Variation of regulation 27—Exclusion of purposes from definition of commercial purpose

Regulation 27(2)(e)—delete "within the meaning of the Children's Services Act 1985" and substitute:

operating pursuant to an approval (however described) under the Education and Early Childhood Services (Registration and Standards) Act 2011 or the Children's Services Act 1985;

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 15 December 2011

No 280 of 2011

MECD11/020/CS