South Australian Consolidated Acts

CHILDREN'S SERVICES ACT 1985 - SCHEDULE 1

Schedule 1—Transitional provisions

1—Transitional provision relating to the repeal of the Kindergarten Union Act 1974 and the amendment of the Community Welfare Act 1972

        (1)         A kindergarten registered under the repealed Act immediately before the commencement of this Act shall be deemed to be registered as a Children's Services Centre under this Act and shall, subject to this Act, continue to be registered.

        (1a)         Section 42(5) does not apply to a kindergarten incorporated under this Act before the commencement of the Children's Services Act Amendment Act 1987 .

        (1b)         If a kindergarten is incorporated under this Act and the Associations Incorporation Act 1985 , its incorporation under the Associations Incorporation Act 1985 will terminate at the expiration of three months after the commencement of the Children's Services Act Amendment Act 1987 , unless the kindergarten has, by notice in writing to the Director and the Corporate Affairs Commission, elected to retain its incorporation under the Associations Incorporation Act 1985 .

        (1c)         If this Act and the Associations Incorporation Act 1985 are in conflict in relation to a kindergarten incorporated under both Acts, the provisions of this Act will prevail.

        (2)         A kindergarten registered as a branch kindergarten under the repealed Act immediately before the commencement of this Act, shall, upon the commencement of this Act, continue to be exempt from the payment of rates under the Local Government Act 1934 .

        (3)         All property, rights and liabilities vested in or attached to the Kindergarten Union of South Australia immediately before the commencement of this Act, shall, upon that commencement, vest in, or attach to, the Minister.

        (4)         A licence or approval in force under the repealed provisions of the amended Act immediately before the commencement of this Act shall be deemed to be a licence or approval granted and in force under this Act and shall, subject to this Act, continue in force.

        (5)         In subsection (4)—

the amended Act means the Community Welfare Act 1972 ;

the repealed provisions means the provisions of the amended Act repealed by this Act.

2—Transfer of staff of the Kindergarten Union of South Australia

        (1)         This section applies to employees of the Kindergarten Union of South Australia who were so employed immediately before the commencement of this Act.

        (2)         Subject to subsection (3), all persons to whom this section applies shall, on the commencement of this Act, become employees of the Minister on terms and conditions determined by the Minister.

        (3)         On the commencement of this Act—

            (a)         a salaried employee to whom this section applies who is specified in a notice published by the Governor in the Gazette shall become an officer of the Public Service in a Department specified in the notice, at the salary and classification specified in relation to him in the notice; and

            (b)         an employee to whom this section applies (not being a salaried employee) who is specified in the notice referred to in paragraph (a), shall become an employee of a Minister specified in the notice, upon terms and conditions fixed by the relevant Minister.

        (4)         The transfer of the employment of a person to whom this section applies shall be effected without loss of accrued recreation leave and without prejudice to, or interruption of his accrued or accruing rights in respect of sick leave, accouchement leave and long service leave arising out of his service with the Kindergarten Union of South Australia.