South Australian Consolidated Acts South Australian Consolidated ActsNotes
• 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.
Legislation repealed by principal
Act
The Children's Services Act 1985 repealed the
following:
Kindergarten Union Act 1974
Legislation amended by principal Act
The Children's Services Act 1985 amended the
following:
Community Welfare Act 1972
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1985 |
21 |
28.3.1985 |
1.7.1985 (Gazette 27.6.1985 p2244) except Pt 3 (Divs 1
& 6) and portion of Sch 2— 5.9.1985 (Gazette 5.9.1985
p700) and except Pt 3 (Div 2) and portion of
Sch 2—12.9.1985 (Gazette 12.9.1985 p796) and except Pt 3
(Div 3) and portion of Sch 2—1.10.1985 (Gazette 26.9.1985
p944) |
|
|
1987 |
95 |
Children's Services Act Amendment Act 1987 |
17.12.1987 |
4.2.1988 (Gazette 4.2.1988 p213) |
|
1998 |
7 |
Children's Services (Child Care) Amendment Act 1998 |
2.4.1998 |
16.4.1998 (Gazette 16.4.1998 p1706) |
|
2000 |
34 |
South Australian Health Commission (Administrative Arrangements)
Amendment Act 2000 |
6.7.2000 |
Sch 1 (cl 3)—6.7.2000 (Gazette 6.7.2000
p5) |
|
2000 |
92 |
Education (Councils and Charges) Amendment Act 2000 |
21.12.2000 |
Sch 2—31.5.2001 (Gazette 31.5.2001 p1893) |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 7 (ss 17—24)—1.4.2007 (Gazette 29.3.2007
p930) |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 27 (ss 53 & 54)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2011 |
46 |
Education and Early Childhood Services (Registration and Standards)
Act 2011 |
8.12.2011 |
Sch 3 (cll 4—14)—1.1.2012 (Gazette 15.12.2011
p4986) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
|
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
s 3 |
|
|
|
s 3(1) |
s 3 redesignated as s 3(1) by 41/2006 s 17(2) |
1.4.2007 |
|
substituted by 7/1998 s 3(a) |
16.4.1998 |
|
|
baby sitting agency |
deleted by 46/2011 Sch 3 cl 4(1) |
1.1.2012 |
|
child |
deleted by 46/2011 Sch 3 cl 4(2) |
1.1.2012 |
|
children's services |
deleted by 46/2011 Sch 3 cl 4(3) |
1.1.2012 |
|
the Committee |
deleted by 46/2011 Sch 3 cl 4(4) |
1.1.2012 |
|
inserted by 41/2006 s 17(1) |
1.4.2007 |
|
|
family day care agency |
amended by 7/1998 s 3(b) |
16.4.1998 |
|
|
deleted by 46/2011 Sch 3 cl 4(5) |
1.1.2012 |
|
guardian |
deleted by 46/2011 Sch 3 cl 4(6) |
1.1.2012 |
|
parent |
deleted by 46/2011 Sch 3 cl 4(7) |
1.1.2012 |
|
regional advisory committee |
deleted by 46/2011 Sch 3 cl 4(8) |
1.1.2012 |
|
young child |
inserted by 7/1998 s 3(c) |
16.4.1998 |
|
|
deleted by 46/2011 Sch 3 cl 4(9) |
1.1.2012 |
|
s 3(2) |
inserted by 41/2006 s 17(2) |
1.4.2007 |
|
s 4 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
ss 7 & 8 |
deleted by 46/2011 Sch 3 cl 5 |
1.1.2012 |
|
s 9 |
|
|
|
s 9(3) |
inserted by 41/2006 s 18 |
1.4.2007 |
|
Pt 2 Div 2 |
|
|
|
s 10 |
|
|
|
s 10(1) |
amended by 41/2006 s 19(1) |
1.4.2007 |
|
s 10(2) |
amended by 41/2006 s 19(2) |
1.4.2007 |
|
s 11 |
|
|
|
s 11(4) |
amended by 41/2006 s 20(1) |
1.4.2007 |
|
|
deleted by 84/2009 s 53 |
1.2.2010 |
|
s 11(5)—(7) |
inserted by 41/2006 s 20(2) |
1.4.2007 |
|
s 12 before substitution by 41/2006 |
|
|
|
s 12(6) |
deleted by 34/2000 Sch 1 cl 3 |
6.7.2000 |
|
s 12 |
substituted by 41/2006 s 21 |
1.4.2007 |
|
s 12(3) |
amended by 84/2009 s 54(1) |
1.2.2010 |
|
s 12(4) and (13) |
amended by 84/2009 s 54(2) |
1.2.2010 |
|
s 13 |
substituted by 41/2006 s 22 |
1.4.2007 |
|
s 14 |
|
|
|
s 14(1) |
amended by 41/2006 s 23(1), (2) |
1.4.2007 |
|
s 14(2) |
amended by 41/2006 s 23(3), (4) |
1.4.2007 |
|
Pt 2 Divs 3 and 4 |
deleted by 46/2011 Sch 3 cl 6 |
1.1.2012 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 before deletion by 46/2011 |
|
|
|
s 25 |
|
|
|
s 25(3) |
substituted by 7/1998 s 4(a) |
16.4.1998 |
|
s 25(6) |
amended by 7/1998 s 4(b) |
16.4.1998 |
|
Pt 3 Div 1 |
deleted by 46/2011 Sch 3 cl 7 |
1.1.2012 |
|
Pt 3 Div 2 |
deleted by 46/2011 Sch 3 cl 7 |
1.1.2012 |
|
Pt 3 Div 3 before deletion by 46/2011 |
|
|
|
s 33 |
|
|
|
s 33(1) |
amended by 7/1998 s 5(a) |
16.4.1998 |
|
s 33(2a)—(2d) |
inserted by 7/1998 s 5(b) |
16.4.1998 |
|
s 33(4) |
substituted by 7/1998 s 5(c) |
16.4.1998 |
|
Pt 3 Div 3 |
deleted by 46/2011 Sch 3 cl 7 |
1.1.2012 |
|
Pt 3 Div 4 |
|
|
|
s 41 |
deleted by 46/2011 Sch 3 cl 8 |
1.1.2012 |
|
s 42 |
|
|
|
s 42(1) |
substituted by 46/2011 Sch 3 cl 9 |
1.1.2012 |
|
s 42(2) |
deleted by 46/2011 Sch 3 cl 9 |
1.1.2012 |
|
s 42(4) |
substituted by 95/1987 s 3 |
4.2.1988 |
|
s 42(5) |
inserted by 95/1987 s 3 |
4.2.1988 |
|
s 43 |
|
|
|
s 43(1a) and (1b) |
inserted by 95/1987 s 4 |
4.2.1988 |
|
s 44 |
|
|
|
s 44(1) |
s 44 redesignated as s 44(1) by 92/2000 Sch 2 |
31.5.2001 |
|
s 44(2) |
inserted by 92/2000 Sch 2 |
31.5.2001 |
|
Pt 3 Div 5 |
|
|
|
s 46 |
|
|
|
s 46(1) |
(a) deleted by 46/2011 Sch 3 cl 10(1) |
1.1.2012 |
|
|
amended by 46/2011 Sch 3 cl 10(2) |
1.1.2012 |
|
Pt 3 Div 6 before deletion by 46/2011 |
|
|
|
s 48 |
amended by 7/1998 s 6 |
16.4.1998 |
|
Pt 3 Div 6 |
deleted by 46/2011 Sch 3 cl 11 |
1.1.2012 |
|
Pt 4 |
|
|
|
s 49 |
deleted by 46/2011 Sch 3 cl 12 |
1.1.2012 |
|
s 51 |
|
|
|
s 51(1) |
amended by 41/2006 s 24(1), (2) |
1.4.2007 |
|
s 51(2) |
amended by 41/2006 s 24(3), (4) |
1.4.2007 |
|
ss 54—56 |
deleted by 46/2011 Sch 3 cl 13 |
1.1.2012 |
|
s 57 |
|
|
|
s 57(2) |
(e) and (f) deleted by 46/2011 Sch 3 cl 14(1) |
1.1.2012 |
|
|
amended by 46/2011 Sch 3 cl 14(2) |
1.1.2012 |
|
Sch 1 |
|
|
|
cl 1 |
|
|
|
cl 1(1a)—(1c) |
inserted by 95/1987 s 5 |
4.2.1988 |
|
Sch 2 |
omitted under Legislation Revision and Publication
Act 2002 |
|
Transitional etc provisions associated with Act or
amendments
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.
Historical versions
|
Reprint No 1—1.7.1991 |
|
|
Reprint No 2—16.4.1998 |
|
|
Reprint No 3—6.7.2000 |
|
|
Reprint No 4—31.5.2001 |
|
|
1.4.2007 |
|
|
1.2.2010 |
|