South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
Notes
• This version is comprised of the following:
|
Part 1 |
1.7.2017 |
|
Part 2 |
1.2.2010 |
|
Part 2A |
1.1.2003 (Reprint No 11) |
|
Part 3 |
1.7.2017 |
|
Part 6 |
1.1.2009 |
|
Part 7 |
1.1.2003 (Reprint No 11) |
|
Part 8 |
1.1.2003 (Reprint No 11) |
|
Part 10 |
1.7.2017 |
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Repeal of Act
The Education Act 1972 was repealed by Sch 1 cl 3 of the
Education and Children's Services Act 2019 on 1.7.2020.
Legislation repealed by principal
Act
The Education Act 1972 repealed the following:
Education Act Amendment Act 1916
Education Act Further Amendment Act (No. 2) 1919
Education Act Further Amendment Act 1923
Education Act Amendment Act 1924
Education Act Amendment Act 1925
Education Act 1929
Education Act Amendment Act 1940
Education Act Amendment Act 1941
Education Act Amendment Act 1942
Education Act Amendment Act 1945
Education Act Amendment Act 1946
Education Act Amendment Act 1947
Education Act Amendment Act 1947 (No. 2)
Education Act Amendment Act 1948
Education Act Amendment Act 1949
Education Act Amendment Act 1951
Education Act Amendment Act 1954
Education Act Amendment Act 1960
Education Act Amendment Act 1962
Education Act Amendment Act 1965
Education Act Amendment Act 1966
Education Act Amendment Act (No. 2) 1966
Education Act Amendment Act 1970
Legislation amended by principal Act
The Education Act 1972 amended the following:
Age of Majority (Reduction) Act 1970
Statutes Amendment (Long Service Leave) Act 1958
Principal Act and amendments
|
Year |
No |
Title |
Assent |
Commencement |
|
1972 |
154 |
7.12.1972 |
14.12.1972 (Gazette 14.12.1972 p2628) except Pt 4 Div
1—1.7.1973 (Gazette 7.6.1973 p2422) and except Pt 4
Divs 2—6—1.2.1974 (Gazette 24.1.1974 p211) |
|
|
1974 |
26 |
Education Act Amendment Act 1974 |
11.4.1974 |
1.7.1974: s 2 |
|
1974 |
97 |
Education Act Amendment Act (No. 2) 1974 |
5.12.1974 |
5.12.1974 |
|
1976 |
4 |
Education Act Amendment Act 1976 |
19.2.1976 |
8.4.1976 (Gazette 8.4.1976 p1892) |
|
1976 |
113 |
Education Act Amendment Act (No. 2) 1976 |
16.12.1976 |
29.1.1977 (Gazette 27.1.1977 p179) |
|
1979 |
25 |
Education Act Amendment Act 1979 |
15.3.1979 |
1.1.1978: 2(1) except Pt 3 (ss 9—23)—1.7.1979
(Gazette 28.6.1979 p1951) |
|
1979 |
44 |
Children's Protection and Young Offenders Act 1979 |
15.3.1979 |
Sch—1.7.1979 (Gazette 28.6.1979 p1951) |
|
1980 |
31 |
Education Act Amendment Act 1980 |
17.4.1980 |
17.4.1980 |
|
1980 |
108 |
Education Act Amendment Act (No. 2) 1980 |
18.12.1980 |
14.5.1981 (Gazette 14.5.1981 p1407) |
|
1981 |
13 |
Education Act Amendment Act 1981 |
19.3.1981 |
14.5.1981 (Gazette 14.5.1981 p1407) |
|
1983 |
93 |
Education Act Amendment Act 1983 |
15.12.1983 |
15.12.1983 (Gazette 15.12.1983 p1673) |
|
1984 |
50 |
24.5.1984 |
Sch 2—1.11.1984 (Gazette 1.11.1984 p1398) |
|
|
1986 |
83 |
Education Act Amendment Act 1986 |
4.12.1986 |
1.12.1987 (Gazette 22.10.1987 p1176) except new ss 75A &
75C (as inserted by s 26)—9.5.1991 (Gazette 9.5.1991 p1489)
and except s 25 & new s 75B (as inserted by
s 26)—uncommenced |
|
1987 |
61 |
Education Act Amendment Act 1987 |
22.10.1987 |
1.1.1988 (Gazette 10.12.1987 p1796) |
|
1989 |
26 |
Education Act Amendment Act 1989 |
27.4.1989 |
23.6.1989 (Gazette 25.5.1989 p1394) |
|
1991 |
2 |
Education (Part-time Remuneration) Amendment
Act 1991 |
14.3.1991 |
14.3.1991 |
|
1991 |
34 |
Industrial Conciliation and Arbitration (Commonwealth Provisions)
Amendment Act 1991 |
24.4.1991 |
1.7.1991 (Gazette 27.6.1991 p2059) |
|
1992 |
71 |
Statutes Amendment (Expiation of Offences) Act 1992 |
19.11.1992 |
1.3.1993 (Gazette 18.2.1993 p600) |
|
1993 |
19 |
Education (Non-Government Schools) Amendment
Act 1993 |
8.4.1993 |
12.7.1993 (Gazette 27.5.1993 p1752) |
|
1993 |
60 |
Education (Truancy) Amendment Act 1993 |
27.5.1993 |
1.1.1994 (Gazette 4.11.1993 p2167) |
|
1993 |
75 |
Statutes Amendment (Abolition of Compulsory Retirement)
Act 1993 |
21.10.1993 |
1.1.1994: s 2 |
|
1996 |
25 |
Education (Teaching Service) Amendment Act 1996 |
2.5.1996 |
5.12.1996 (Gazette 5.12.1996 p1812) |
|
1998 |
80 |
Education (Government School Closures and Amalgamations) Amendment
Act 1998 |
24.12.1998 |
24.12.1998 |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 10)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2000 |
92 |
Education (Councils and Charges) Amendment Act 2000 |
21.12.2000 |
1.2.2001 (Gazette 1.2.2001 p392) except the definition of affiliated
committee (as inserted by s 3(a)), ss 3(b), (c), 5, 7 and Schs 1
& 2—31.5.2001 (Gazette 31.5.2001 p1893) |
|
2002 |
7 |
Education (Compulsory Education Age) Amendment
Act 2002 |
1.8.2002 |
1.1.2003: s 2 |
|
2002 |
45 |
Education (Charges) Amendment Act 2002 |
12.12.2002 |
1.12.2002: s 2 |
|
2003 |
44 |
Statute Law Revision Act 2003 |
23.10.2003 |
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) |
|
2003 |
52 |
Education (Materials and Services Charges) Amendment
Act 2003 |
27.11.2003 |
30.11.2003: s 2 |
|
2004 |
57 |
16.12.2004 |
Sch 1 (cll 2—4)—31.3.2005 (Gazette 17.3.2005
p655) |
|
|
2005 |
34 |
Education (Extension) Amendment Act 2005 |
14.7.2005 |
14.7.2005 |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 9 (ss 28—41)—1.4.2007 (Gazette 29.3.2007
p930) |
|
2007 |
51 |
Education (Compulsory Education Age) Amendment Act 2007 |
29.11.2007 |
1.7.2008 except ss 9(1), 12(1), (2) & (4), 13—16 &
19—1.1.2009 (Gazette 22.5.2008 p1717) |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
|
|
2010 |
22 |
Statutes Amendment (Budget 2010) Act 2010 |
18.11.2010 |
Pt 2 (ss 4 & 5)—1.7.2011: s 2(2) |
|
2011 |
46 |
Education and Early Childhood Services (Registration and Standards)
Act 2011 |
8.12.2011 |
Sch 3 (cll 18 & 19)—1.1.2012 (Gazette 15.12.2011
p4986) |
|
2012 |
54 |
Statutes Amendment and Repeal (Budget 2012) Act 2012 |
6.12.2012 |
Pt 2 (ss 4—6)—1.7.2012: s 2(2) |
|
2014 |
11 |
Budget Measures Act 2014 |
2.10.2014 |
Sch 1 (cll 1—5)—23.10.2014 (Gazette 23.10.2014
p6179) |
|
2016 |
57 |
Statutes Amendment (Budget 2016) Act 2016 |
8.12.2016 |
Pt 3 (s 60)—8.12.2016: s 2(1) |
|
2016 |
63 |
Statutes Amendment (South Australian Employment Tribunal)
Act 2016 |
8.12.2016 |
|
|
2017 |
16 |
South Australian Employment Tribunal (Miscellaneous) Amendment Act
2017 |
23.5.2017 |
Sch 1 (cl 1)—1.7.2017 immediately after Pts 8 & 20 of
63/2016 (Gazette 27.6.2017 p2620) |
Provisions amended since 3 February
1976
• Legislative history prior to 3 February 1976 appears in marginal
notes and footnotes included in the consolidation of this Act contained in
Volume 3 of The Public General Acts of South Australia 1837-1975 at page
536.
• Certain textual alterations were made to this Act by the
Commissioner of Statute Revision when preparing the reprint of the Act that
incorporated all amendments in force as at 1 November 1984. A Schedule of these
alterations was laid before Parliament on 13 November 1984.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
|
amended by 51/2007 s 19 |
1.1.2009 |
|
Pt 1 |
|
|
|
s 2 |
deleted by 44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
s 3 |
amended by 4/1976 s 3 |
8.4.1976 |
|
|
amended by 108/1980 s 3 |
14.5.1981 |
|
|
amended by 93/1983 s 3 |
15.12.1983 |
|
|
deleted in pursuance of the Acts Republication
Act 1967 |
1.11.1984 |
|
s 4 |
deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
|
|
|
1.1.1978 |
||
|
inserted by 92/2000 s 3(a) |
1.2.2001 |
|
|
inserted by 92/2000 s 3(a) |
31.5.2001 |
|
|
the Appeal Board |
deleted by 63/2016 s 79(1) |
1.7.2017 |
|
approved non-Government school |
inserted by 25/1979 s 9(a) |
1.7.1979 |
|
|
deleted by 108/1980 s 4(a) |
14.5.1981 |
|
inserted by 51/2007 s 4 |
1.7.2008 |
|
|
amended by 7/2002 s 3 |
1.1.2003 |
|
|
the Classification Board |
deleted by 25/1996 s 3(a) |
5.12.1996 |
|
inserted by 25/1996 s 3(a) |
5.12.1996 |
|
|
the Department |
deleted by 84/2009 s 102 |
1.2.2010 |
|
inserted by 84/2009 s 102 |
1.2.2010 |
|
|
the Director-General |
deleted by 84/2009 s 102 |
1.2.2010 |
|
inserted by 84/2009 s 102 |
1.2.2010 |
|
|
inserted by 41/2006 s 28(1) |
1.4.2007 |
|
|
substituted by 108/1980 s 4(b) |
14.5.1981 |
|
|
inserted by 92/2000 s 3(b) |
31.5.2001 |
|
|
amended by 113/1976 s 3(a) |
29.1.1977 |
|
|
|
substituted by 25/1979 s 9(b) |
1.7.1979 |
|
|
substituted by 46/2011 Sch 3 cl 18(1) |
1.1.2012 |
|
handicapped child |
deleted by 113/1976 s 3(b) |
29.1.1977 |
|
substituted by 92/2000 s 3(c) |
31.5.2001 |
|
|
substituted by 46/2011 Sch 3 cl 18(2) |
1.1.2012 |
|
|
amended by 113/1976 s 3(c) |
29.1.1977 |
|
|
substituted by 83/1986 s 3(a) |
1.12.1987 |
|
|
inserted by 25/1979 s 9(c) |
1.7.1979 |
|
|
inserted by 25/1996 s 3(b) |
5.12.1996 |
|
|
inserted by 25/1996 s 3(b) |
5.12.1996 |
|
|
recognised kindergarten |
inserted by 113/1976 s 3(d) |
29.1.1977 |
|
|
amended by 83/1986 s 3(b) |
1.12.1987 |
|
|
deleted by 46/2011 Sch 3 cl 18(3) |
1.1.2012 |
|
the register |
deleted by 57/2004 Sch 1 cl 2 |
31.3.2005 |
|
registered |
deleted by 57/2004 Sch 1 cl 2 |
31.3.2005 |
|
registered non-Government school |
inserted by 108/1980 s 4(c) |
14.5.1981 |
|
|
deleted by 46/2011 Sch 3 cl 18(4) |
1.1.2012 |
|
inserted by 46/2011 Sch 3 cl 18(4) |
1.1.2012 |
|
|
inserted by 63/2016 s 79(2) |
1.7.2017 |
|
|
the Salaries Board |
deleted by 34/1991 s 53(a) |
1.7.1991 |
|
substituted by 46/2011 Sch 3 cl 18(5) |
1.1.2012 |
|
|
inserted by 113/1976 s 3(e) |
29.1.1977 |
|
|
substituted by 113/1976 s 3(f) |
29.1.1977 |
|
|
substituted by 113/1976 s 3(g) |
29.1.1977 |
|
|
inserted by 25/1979 s 4 |
1.1.1978 |
|
|
|
amended by 61/1987 s 3 |
1.1.1988 |
|
|
amended by 11/2014 Sch 1 cl 1 |
23.10.2014 |
|
inserted by 25/1979 s 4 |
1.1.1978 |
|
|
s 5(4) and (5) |
inserted by 41/2006 s 28(2) |
1.4.2007 |
|
Pt 2 |
|
|
|
s 8 before substitution by 51/2007 |
|
|
|
amended by 83/1986 s 4 |
1.12.1987 |
|
|
|
amended by 41/2006 s 29(1) |
1.4.2007 |
|
inserted by 41/2006 s 29(2) |
1.4.2007 |
|
|
substituted by 51/2007 s 5 |
1.7.2008 |
|
|
|
|
|
|
substituted by 25/1979 s 10 |
1.7.1979 |
|
|
amended by 113/1976 s 4(a) |
29.1.1977 |
|
|
|
substituted by 80/1998 s 2 |
24.12.1998 |
|
amended by 83/1986 s 5 |
1.12.1987 |
|
|
|
deleted by 41/2006 s 30 |
1.4.2007 |
|
inserted by 92/2000 s 4 |
1.2.2001 |
|
|
inserted by 113/1976 s 4(b) |
29.1.1977 |
|
|
|
|
|
|
amended by 25/1979 s 11 |
1.7.1979 |
|
|
amended by 83/1986 s 6 |
1.12.1987 |
|
|
s 11 before deletion by 84/2009 |
|
|
|
s 11(2) |
amended by 83/1986 s 7(a) |
1.12.1987 |
|
s 11(4) |
amended by 83/1986 s 7(b) |
1.12.1987 |
|
s 11 |
deleted by 84/2009 s 103 |
1.2.2010 |
|
s 13 before substitution by 51/2007 |
|
|
|
amended by 83/1986 s 8 |
1.12.1987 |
|
|
substituted by 51/2007 s 6 |
1.7.2008 |
|
|
amended by 84/2009 s 104 |
1.2.2010 |
|
|
|
|
|
|
inserted by 52/2003 s 4 |
30.11.2003 |
|
|
Pt 2A |
inserted by 80/1998 s 3 |
24.12.1998 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
|
|
|
|
substituted by 41/2006 s 31(1) |
1.4.2007 |
|
|
amended by 25/1979 s 12(a) |
1.7.1979 |
|
|
|
amended by 41/2006 s 31(2) |
1.4.2007 |
|
amended by 25/1979 s 12(b) |
1.7.1979 |
|
|
|
amended by 31/1980 s 2(a) |
17.4.1980 |
|
amended by 31/1980 s 2(b) |
17.4.1980 |
|
|
|
amended by 41/2006 s 31(3) |
1.4.2007 |
|
inserted by 41/2006 s 31(4) |
1.4.2007 |
|
|
Pt 3 Div 1A |
inserted by 25/1996 s 4 |
5.12.1996 |
|
|
|
|
|
amended by 41/2006 s 32(1) |
1.4.2007 |
|
|
amended by 41/2006 s 32(2) |
1.4.2007 |
|
|
Pt 3 Div 2 |
|
|
|
|
|
|
|
amended by 41/2006 s 33(1), (2) |
1.4.2007 |
|
|
s 16(3) and (4) |
substituted by 63/2016 s 80 |
1.7.2017 |
|
inserted by 41/2006 s 33(3) |
1.4.2007 |
|
|
|
|
|
|
substituted by 83/1986 s 9(a) |
1.12.1987 |
|
|
|
amended by 25/1996 s 5(a), (b) |
5.12.1996 |
|
|
amended by 41/2006 s 34(1), (2) |
1.4.2007 |
|
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
|
substituted by 25/1996 s 5(c) |
5.12.1996 |
|
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
|
deleted by 25/1996 s 5(c) |
5.12.1996 |
|
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
|
substituted by 41/2006 s 34(3) |
1.4.2007 |
|
amended by 83/1986 s 9(b) |
1.12.1987 |
|
|
|
amended by 41/2006 s 34(4) |
1.4.2007 |
|
amended by 83/1986 s 9(c) |
1.12.1987 |
|
|
|
amended by 41/2006 s 34(5) |
1.4.2007 |
|
|
substituted by 63/2016 s 81 |
1.7.2017 |
|
substituted by 63/2016 s 81 |
1.7.2017 |
|
|
Pt 3 Div 3 |
|
|
|
s 18 |
deleted by 25/1979 s 5 |
1.1.1978 |
|
amended by 25/1979 s 6 |
1.1.1978 |
|
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
amended by 22/2010 s 4 |
1.7.2011 |
|
|
|
(c) deleted by 22/2010 s 4 |
1.7.2011 |
|
inserted by 54/2012 s 4(1) |
1.7.2012 |
|
|
inserted by 54/2012 s 4(2) |
1.7.2012 |
|
|
s 19(5)—(7) |
inserted by 54/2012 s 4(3) |
1.7.2012 |
|
substituted by 25/1979 s 7 |
1.1.1978 |
|
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
inserted by 54/2012 s 5 |
1.7.2012 |
|
|
amended by 25/1996 s 6 |
5.12.1996 |
|
|
amended by 25/1979 s 8 |
1.1.1978 |
|
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
amended by 41/2006 s 35(1), (2) |
1.4.2007 |
|
|
amended by 41/2006 s 35(3) |
1.4.2007 |
|
|
|
|
|
|
amended by 113/1976 s 5(a) |
29.1.1977 |
|
|
amended by 113/1976 s 5(b) |
29.1.1977 |
|
|
amended by 41/2006 s 36(1) |
1.4.2007 |
|
|
amended by 41/2006 s 36(2) |
1.4.2007 |
|
|
inserted by 11/2014 Sch 1 cl 2 |
23.10.2014 |
|
|
inserted by 11/2014 Sch 1 cl 3 |
23.10.2014 |
|
|
|
|
|
|
inserted by 11/2014 Sch 1 cl 4 |
23.10.2014 |
|
|
|
|
|
|
amended by 113/1976 s 6 |
29.1.1977 |
|
|
amended by 83/1986 s 10 |
1.12.1987 |
|
|
amended by 41/2006 s 37 |
1.4.2007 |
|
|
inserted by 11/2014 Sch 1 cl 5 |
23.10.2014 |
|
|
Pt 3 Div 4 |
|
|
|
|
|
|
|
substituted by 31/1980 s 3 |
17.4.1980 |
|
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
amended by 75/1993 s 11(a) |
1.1.1994 |
|
inserted by 31/1980 s 3 |
17.4.1980 |
|
|
|
deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
deleted by 83/1986 s 11 |
1.12.1987 |
|
|
inserted by 113/1976 s 7 |
29.1.1977 |
|
|
|
deleted by 75/1993 s 11(b) |
1.1.1994 |
|
Pt 3 Div 5 |
|
|
|
|
|
|
|
amended by 25/1979 s 13 |
1.7.1979 |
|
|
|
amended by 25/1996 s 7 |
5.12.1996 |
|
|
amended by 41/2006 s 38(1) |
1.4.2007 |
|
amended by 41/2006 s 38(2) |
1.4.2007 |
|
|
amended by 41/2006 s 38(3) |
1.4.2007 |
|
|
|
substituted by 63/2016 s 82 |
1.7.2017 |
|
substituted by 63/2016 s 82 |
1.7.2017 |
|
|
|
|
|
|
amended by 41/2006 s 39 |
1.4.2007 |
|
|
Pt 3 Div 6 |
amended by 83/1986 s 12 |
1.12.1987 |
|
|
substituted by 25/1996 s 8 |
5.12.1996 |
|
substituted by 63/2016 s 83 |
1.7.2017 |
|
|
|
|
|
|
amended by 63/2016 s 84(1) |
1.7.2017 |
|
|
substituted by 63/2016 s 84(2) |
1.7.2017 |
|
|
s 30(3)—(7) |
deleted by 63/2016 s 84(2) |
1.7.2017 |
|
s 31 |
deleted by 63/2016 s 85 |
1.7.2017 |
|
Pt 3 Div 7 |
amended by 4/1976 s 4 |
8.4.1976 |
|
|
amended by 25/1979 s 14 |
1.7.1979 |
|
|
amended by 83/1986 s 13 |
1.12.1987 |
|
|
deleted by 34/1991 s 53(b) |
1.7.1991 |
|
Pt 3 Div 8 |
|
|
|
heading |
substituted by 63/2016 s 86 |
1.7.2017 |
|
s 45 before deletion by 63/2016 |
|
|
|
s 45(2) |
amended by 4/1976 s 5(a), (b) |
8.4.1976 |
|
|
amended by 83/1986 s 14 |
1.12.1987 |
|
|
amended by 26/1989 s 3(a) |
23.6.1989 |
|
s 45(3) |
amended by 4/1976 s 5(c) |
8.4.1976 |
|
|
amended by 26/1989 s 3(b), (c) |
23.6.1989 |
|
s 45(4) |
inserted by 4/1976 s 5(d) |
8.4.1976 |
|
|
amended by 26/1989 s 3(d), (e) |
23.6.1989 |
|
s 45(5) and (6) |
inserted by 26/1989 s 3(f) |
23.6.1989 |
|
s 45 |
deleted by 63/2016 s 87 |
1.7.2017 |
|
s 46 before deletion by 63/2016 |
|
|
|
s 46(3) |
amended by 83/1986 s 15 |
1.12.1987 |
|
s 46(6) |
inserted by 26/1989 s 4 |
23.6.1989 |
|
s 46 |
deleted by 63/2016 s 87 |
1.7.2017 |
|
ss 47 and 48 |
deleted by 63/2016 s 87 |
1.7.2017 |
|
s 49 |
amended by 4/1976 s 6 |
8.4.1976 |
|
|
deleted by 63/2016 s 87 |
1.7.2017 |
|
ss 50—52 |
deleted by 63/2016 s 87 |
1.7.2017 |
|
|
|
|
|
amended by 26/1989 s 5 |
23.6.1989 |
|
|
|
substituted by 25/1996 s 9 |
5.12.1996 |
|
inserted by 25/1996 s 9 |
5.12.1996 |
|
|
amended by 41/2006 s 40(1) |
1.4.2007 |
|
|
|
amended by 63/2016 s 88(1) |
1.7.2017 |
|
substituted by 63/2016 s 88(2) |
1.7.2017 |
|
|
amended by 41/2006 s 40(2) |
1.4.2007 |
|
|
|
substituted by 63/2016 s 88(2) |
1.7.2017 |
|
inserted by 63/2016 s 88(2) |
1.7.2017 |
|
|
amended by 41/2006 s 40(3), (4) |
1.4.2007 |
|
|
|
deleted by 63/2016 s 88(3) |
1.7.2017 |
|
s 54 before substitution by 63/2016 |
|
|
|
substituted by 26/1989 s 6 |
23.6.1989 |
|
|
substituted by 63/2016 s 89 |
1.7.2017 |
|
|
amended by 16/2017 Sch 1 cl 1 |
1.7.2017 |
|
|
Pt 4 before deletion by 57/2004 |
|
|
|
s 55 |
|
|
|
s 55(2) |
amended by 113/1976 s 8 |
29.1.1977 |
|
|
amended by 25/1979 s 15 |
1.7.1979 |
|
|
amended by 108/1980 s 5 |
14.5.1981 |
|
|
amended by 83/1986 s 16 |
1.12.1987 |
|
s 56 |
|
|
|
s 56(3) |
amended by 83/1986 s 17 |
1.12.1987 |
|
s 57 |
|
|
|
s 57(1) |
amended by 113/1976 s 9(a) |
29.1.1977 |
|
s 57(5) |
amended by 113/1976 s 9(b) |
29.1.1977 |
|
s 58 |
|
|
|
s 58(2) |
amended by 108/1980 s 6(a), (b) |
14.5.1981 |
|
s 58(3) |
inserted by 108/1980 s 6(c) |
14.5.1981 |
|
s 60 |
|
|
|
s 60(1) |
amended by 113/1976 s 10(a) |
29.1.1977 |
|
s 60(2) |
amended by 113/1976 s 10(b) |
29.1.1977 |
|
|
amended by 83/1986 s 18 |
1.12.1987 |
|
s 61 |
|
|
|
s 61(1) |
amended by 113/1976 s 11(a) |
29.1.1977 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
(b)(iii) deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 61(4) |
substituted by 113/1976 s 11(b) |
29.1.1977 |
|
s 63 |
|
|
|
s 63(1) |
amended by 113/1976 s 12(a) |
29.1.1977 |
|
|
amended by 25/1979 s 16 |
1.7.1979 |
|
|
amended by 108/1980 s 7 |
14.5.1981 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 63(2) |
amended by 113/1976 s 12(b) |
29.1.1977 |
|
s 63(4) |
amended by 113/1976 s 12(c) |
29.1.1977 |
|
s 67 |
|
|
|
s 67(1) |
amended by 113/1976 s 13 |
29.1.1977 |
|
s 68 |
|
|
|
s 68(1) |
1.6.2000 |
|
|
s 68(2) |
1.6.2000 |
|
|
s 68(3) |
1.6.2000 |
|
|
s 70 |
|
|
|
s 70(2) |
substituted by 83/1986 s 19 |
1.12.1987 |
|
s 70(3) |
deleted by 83/1986 s 19 |
1.12.1987 |
|
Pt 4 |
deleted by 57/2004 Sch 1 cl 3 |
31.3.2005 |
|
Pt 5 before deletion by 46/2011 |
amended by 25/1979 ss 17, 18 |
1.7.1979 |
|
|
substituted by 108/1980 s 8 |
14.5.1981 |
|
Pt 5 Div 1 |
|
|
|
s 72 |
|
|
|
s 72(2) |
amended by 13/1981 s 3 |
14.5.1981 |
|
|
amended by 93/1983 s 4(a) |
15.12.1983 |
|
|
amended by 19/1993 s 3 |
12.7.1993 |
|
s 72(3) and (4) |
inserted by 93/1983 s 4(b) |
15.12.1983 |
|
s 72A |
|
|
|
s 72A(3) |
amended by 83/1986 s 20 |
1.12.1987 |
|
s 72B |
|
|
|
s 72B(1) |
amended by 13/1981 s 4 |
14.5.1981 |
|
|
amended by 93/1983 s 5(a) |
15.12.1983 |
|
s 72B(5) |
substituted by 93/1983 s 5(b) |
15.12.1983 |
|
s 72C |
|
|
|
s 72C(2) and (3) |
deleted by 84/2009 s 105 |
1.2.2010 |
|
s 72E |
|
|
|
s 72E(2) |
substituted by 83/1986 s 21 |
1.12.1987 |
|
s 72E(3) |
deleted by 83/1986 s 21 |
1.12.1987 |
|
Pt 5 Div 2 |
|
|
|
s 72F |
|
|
|
s 72F(1) |
s 72F amended and redesignated as s 72F(1) by 83/1986
s 22 |
1.12.1987 |
|
s 72F(2) |
inserted by 83/1986 s 22(b) |
1.12.1987 |
|
|
amended by 19/1993 s 4 |
12.7.1993 |
|
s 72G |
|
|
|
s 72G(2) |
substituted by 13/1981 s 5 |
14.5.1981 |
|
|
substituted by 93/1983 s 6(a) |
15.12.1983 |
|
|
amended by 26/1989 s 7 |
23.6.1989 |
|
s 72G(3) |
amended by 93/1983 s 6(b) |
15.12.1983 |
|
|
substituted by 19/1993 s 5 |
12.7.1993 |
|
s 72G(4) |
substituted by 19/1993 s 5 |
12.7.1993 |
|
s 72G(4a) |
inserted by 93/1983 s 6(c) |
15.12.1983 |
|
s 72G(5) |
substituted by 93/1983 s 6(d) |
15.12.1983 |
|
s 72GA |
inserted by 19/1993 s 6 |
12.7.1993 |
|
s 72H |
|
|
|
s 72H(3) |
amended by 93/1983 s 7 |
15.12.1983 |
|
s 72I |
deleted by 13/1981 s 6 |
14.5.1981 |
|
Pt 5 Div 2A |
inserted by 26/1989 s 8 |
23.6.1989 |
|
Pt 5 Div 3 |
heading substituted by 93/1983 s 8 |
15.12.1983 |
|
|
heading substituted by 19/1993 s 7 |
12.7.1993 |
|
s 72J |
|
|
|
s 72J(1) |
amended by 93/1983 s 9(a) |
15.12.1983 |
|
s 72J(1a) |
inserted by 93/1983 s 9(b) |
15.12.1983 |
|
s 72J(2) |
substituted by 93/1983 s 9(b) |
15.12.1983 |
|
|
amended by 26/1989 s 9 |
23.6.1989 |
|
s 72J(2a) |
inserted by 93/1983 s 9(b) |
15.12.1983 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 72J(2b) |
inserted by 19/1993 s 8 |
12.7.1993 |
|
s 72K |
|
|
|
s 72K(1) |
amended by 93/1983 s 10(a) |
15.12.1983 |
|
s 72K(4) |
amended by 93/1983 s 10(b) |
15.12.1983 |
|
s 72L |
|
|
|
s 72L(1) |
amended by 93/1983 s 11(a)—(c) |
15.12.1983 |
|
s 72L(2) |
amended by 93/1983 s 11(d) |
15.12.1983 |
|
Pt 5 Div 4 |
|
|
|
s 72M |
|
|
|
s 72M(1) |
1.6.2000 |
|
|
s 72M(2) |
1.6.2000 |
|
|
s 72M(3) |
1.6.2000 |
|
|
Pt 5 Div 5 |
|
|
|
s 72N |
|
|
|
s 72N(3) |
substituted by 19/1993 s 9 |
12.7.1993 |
|
s 72O |
|
|
|
s 72O(1) |
amended by 13/1981 s 7 |
14.5.1981 |
|
s 72P |
|
|
|
s 72P(1) |
amended by 13/1981 s 8 |
14.5.1981 |
|
|
amended by 93/1983 s 12(a)—(c) |
15.12.1983 |
|
|
amended by 83/1986 s 23 |
1.12.1987 |
|
s 72P(1a) |
inserted by 93/1983 s 12(d) |
15.12.1983 |
|
s 72P(2) |
amended by 93/1983 s 12(e) |
15.12.1983 |
|
|
substituted by 19/1993 s 10 |
12.7.1993 |
|
s 73 |
inserted by 26/1989 s 10 |
23.6.1989 |
|
Pt 5 |
deleted by 46/2011 Sch 3 cl 19 |
1.1.2012 |
|
Pt 6 |
|
|
|
heading |
substituted by 51/2007 s 7 |
1.7.2008 |
|
|
|
|
|
inserted by 25/1979 s 19(a) |
1.7.1979 |
|
|
|
amended by 108/1980 s 8 |
14.5.1981 |
|
inserted by 51/2007 s 8(1) |
1.7.2008 |
|
|
inserted by 51/2007 s 8(1) |
1.7.2008 |
|
|
1.7.1979 |
||
|
|
deleted by 83/1986 s 24 |
1.12.1987 |
|
|
inserted by 51/2007 s 8(2) |
1.7.2008 |
|
1.7.1979 |
||
|
|
deleted by 83/1986 s 24 |
1.12.1987 |
|
|
|
|
|
amended by 83/1986 s 25(a), (b) |
uncommenced—not incorporated |
|
|
|
amended by 113/1976 s 14(a) |
29.1.1977 |
|
|
substituted by 51/2007 s 9(1) |
1.1.2009 |
|
substituted by 83/1986 s 25(c) |
uncommenced—not incorporated |
|
|
|
substituted by 51/2007 s 9(1) |
1.1.2009 |
|
inserted by 51/2007 s 9(1) |
1.1.2009 |
|
|
substituted by 113/1976 s 14(b) |
29.1.1977 |
|
|
|
substituted by 83/1986 s 25(c) |
uncommenced—not incorporated |
|
amended by 83/1986 s 25(d) |
uncommenced—not incorporated |
|
|
|
amended by 51/2007 s 9(2) |
1.7.2008 |
|
amended by 51/2007 s 9(3) |
1.7.2008 |
|
|
s 75(7) and (8) |
inserted by 51/2007 s 9(4) |
1.7.2008 |
|
inserted by 83/1986 s 26 |
9.5.1991 |
|
|
s 75B |
inserted by 83/1986 s 26 |
uncommenced—not incorporated |
|
inserted by 83/1986 s 26 |
9.5.1991 |
|
|
|
|
|
|
1.6.2000 |
||
|
|
amended by 51/2007 s 10(1) |
1.7.2008 |
|
1.6.2000 |
||
|
|
amended by 51/2007 s 10(2) |
1.7.2008 |
|
1.6.2000 |
||
|
inserted by 51/2007 s 11 |
1.7.2008 |
|
|
|
|
|
|
substituted by 51/2007 s 12(1) |
1.1.2009 |
|
|
inserted by 51/2007 s 12(1) |
1.1.2009 |
|
|
inserted by 51/2007 s 12(2) |
1.1.2009 |
|
|
amended by 83/1986 s 27 |
1.12.1987 |
|
|
|
amended by 51/2007 s 12(3) |
1.7.2008 |
|
deleted by 51/2007 s 12(4) |
1.1.2009 |
|
|
s 77 |
deleted by 7/2002 s 4 |
1.1.2003 |
|
s 78 before substitution by 51/2007 |
|
|
|
amended by 83/1986 s 28 |
1.12.1987 |
|
|
deleted by 7/2002 s 5 |
1.1.2003 |
|
|
substituted by 51/2007 s 13 |
1.1.2009 |
|
|
substituted by 44/1979 Sch |
1.7.1979 |
|
|
|
substituted by 60/1993 s 3 |
1.1.1994 |
|
|
amended by 51/2007 s 14 |
1.1.2009 |
|
s 80 before substitution by 51/2007 |
|
|
|
substituted by 113/1976 s 15(a) |
29.1.1977 |
|
|
inserted by 83/1986 s 29(a) |
1.12.1987 |
|
|
inserted by 60/1993 s 4 |
1.1.1994 |
|
|
amended by 113/1976 s 15(b) |
29.1.1977 |
|
|
substituted by 83/1986 s 29(b) |
1.12.1987 |
|
|
substituted by 51/2007 s 15 |
1.1.2009 |
|
|
inserted by 51/2007 s 15 |
1.1.2009 |
|
|
|
|
|
|
amended by 25/1979 s 20 |
1.7.1979 |
|
|
amended by 51/2007 s 16 |
1.1.2009 |
|
|
inserted by 7/2002 s 6 |
1.1.2003 |
|
|
inserted by 51/2007 s 17 |
1.7.2008 |
|
|
Pt 7 |
|
|
|
|
|
|
|
substituted by 25/1979 s 21 |
1.7.1979 |
|
|
substituted by 25/1979 s 21 |
1.7.1979 |
|
|
|
amended by 108/1980 s 10 |
14.5.1981 |
|
|
amended by 83/1986 s 30 |
1.12.1987 |
|
substituted by 25/1979 s 21 |
1.7.1979 |
|
|
Pt 8 |
amended by 113/1976 s 16 |
29.1.1977 |
|
|
amended by 25/1979 s 22 |
1.7.1979 |
|
|
amended by 83/1986 ss 31, 32 |
1.12.1987 |
|
|
substituted by 92/2000 s 5 |
31.5.2001 |
|
Pt 9 |
deleted by 4/1976 s 7 |
8.4.1976 |
|
Pt 10 |
|
|
|
inserted by 2/1991 s 2 |
14.3.1991 |
|
|
inserted by 41/2006 s 41 |
1.4.2007 |
|
|
inserted by 83/1986 s 33 |
1.12.1987 |
|
|
|
|
|
|
amended by 83/1986 s 34 |
1.12.1987 |
|
|
|
amended by 71/1992 s 3(1) (Sch) |
1.3.1993 |
|
amended by 83/1986 s 35 |
1.12.1987 |
|
|
|
amended by 71/1992 s 3(1) (Sch) |
1.3.1993 |
|
inserted by 92/2000 s 6 |
1.2.2001 |
|
|
|
substituted by 52/2003 s 5 |
30.11.2003 |
|
deleted by 34/2005 s 3 |
14.7.2005 |
|
|
inserted by 92/2000 s 6 |
1.2.2001 |
|
|
amended by 57/2016 s 60(1), (2) |
8.12.2016 |
|
|
|
|
|
|
full fee paying overseas student |
inserted by 57/2016 s 60(3) |
8.12.2016 |
|
inserted by 92/2000 s 6 |
1.2.2001 |
|
|
|
(a)(iii) deleted by 52/2003 s 6 |
30.11.2003 |
|
s 106D |
amended by 45/2002 s 3 |
1.12.2002 |
|
|
deleted by 52/2003 s 7 |
30.11.2003 |
|
|
|
|
|
amended by 25/1979 s 23 |
1.7.1979 |
|
|
|
amended by 108/1980 s 11 |
14.5.1981 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
amended by 26/1989 s 11 |
23.6.1989 |
|
|
amended by 2/1991 s 3 |
14.3.1991 |
|
|
amended by 92/2000 s 7(a), (b) |
31.5.2001 |
|
|
(sb) deleted by 92/2000 s 7(b) |
31.5.2001 |
|
|
amended by 52/2003 s 8 |
30.11.2003 |
|
|
(q) and (r) deleted by 57/2004 Sch 1 cl 4 |
31.3.2005 |
|
|
amended by 51/2007 s 18(1) |
1.7.2008 |
|
|
amended by 63/2016 s 90 |
1.7.2017 |
|
amended by 83/1986 s 36 |
1.12.1987 |
|
|
|
amended by 51/2007 s 18(2) |
1.7.2008 |
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
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
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Reprint—1.11.1984 |
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Reprint No 1—1.7.1991 |
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Reprint No 2—1.3.1993 |
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Reprint No 3—12.7.1993 |
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Reprint No 4—1.1.1994 |
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Reprint No 5—5.12.1996 |
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Reprint No 6—24.12.1998 |
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Reprint No 7—1.6.2000 |
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Reprint No 8—1.2.2001 |
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Reprint No 9—31.5.2001 |
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Reprint No 10—12.12.2002 |
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Reprint No 11—1.1.2003 |
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Reprint No 12—30.11.2003 |
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31.3.2005 |
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14.7.2005 |
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1.4.2007 |
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1.7.2008 |
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1.1.2009 |
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1.2.2010 |
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1.7.2011 |
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1.1.2012 |
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1.7.2012 |
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23.10.2014 |
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8.12.2016 |
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