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SACE BOARD OF SOUTH AUSTRALIA ACT 1983 - NOTES

Legislative history

Notes

• 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.

Formerly

Senior Secondary Assessment Board of South Australia Act 1983

Legislation repealed by principal Act

The SACE Board of South Australia Act 1983 repealed the following:

Public Examinations Board Act 1968

Principal Act and amendments

New entries appear in bold.

Year

No

Title

Assent

Commencement

1983

21

Senior Secondary Assessment Board of South Australia Act 1983

26.5.1983

1.2.1984 (Gazette 19.1.1984 p88)

1983

60

Senior Secondary Assessment Board of South Australia Act Amendment Act 1983

8.9.1983

1.2.1984 (Gazette 19.1.1984 p89)

1990

81

Senior Secondary Assessment Board of South Australia Act Amendment Act 1990

20.12.1990

1.5.1991 (Gazette 24.4.1991 p1376) except ss 3, 6 & 7—27.6.1991 (Gazette 27.6.1991 p2059)

2006

41

Statutes Amendment (Public Sector Employment) Act 2006

14.12.2006

Pt 17 (ss 74—77)—1.4.2007 (Gazette 29.3.2007 p930)

2008

6

Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008

13.3.2008

1.7.2008 (Gazette 22.5.2008 p1718)

2008

(163)

Senior Secondary Assessment Board of South Australia Variation Regulations 2008 (Gazette 19.6.2008 p2382)

—

1.7.2008: r 2

2008

(255)

SACE Board of South Australia Regulations 2008 (Gazette 18.9.2008 p4509)

—

18.9.2008: r 2

2009

84

Statutes Amendment (Public Sector Consequential Amendments) Act 2009

10.12.2009

Pt 133 (s 302—304)—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 (cl 22)—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 by 81/1990 Sch

1.5.1991

amended by 6/2008 s 4

1.7.2008

Pt 1

s 1

amended by 6/2008 s 5

1.7.2008

ss 2 and 3

deleted by 81/1990 Sch

1.5.1991

s 4

s 4(1)

s 4 redesignated as s 4(1) by 41/2006 s 74(2)

1.4.2007

appointed member

inserted by 6/2008 s 6(1)

1.7.2008

the Board

deleted by 6/2008 s 6(1)

1.7.2008

Board

inserted by 6/2008 s 6(1)

1.7.2008

Chief Executive Officer

inserted by 60/1983 s 3

1.2.1984

designated entity

inserted by 6/2008 s 6(2)

1.7.2008

employing authority

inserted by 41/2006 s 74(1)

1.4.2007

substituted by 6/2008 s 6(3)

1.7.2008

the former board

deleted by 81/1990 Sch

1.5.1991

SACE

inserted by 6/2008 s 6(4)

1.7.2008

senior secondary education

inserted by 81/1990 s 3

27.6.1991

deleted by 6/2008 s 6(4)

1.7.2008

student

substituted by 6/2008 s 6(5)

1.7.2008

s 4(2)

inserted by 41/2006 s 74(2)

1.4.2007

substituted by 6/2008 s 6(6)

1.7.2008

s 4(3)

inserted by 6/2008 s 6(6)

1.7.2008

s 5

deleted by 81/1990 Sch

1.5.1991

inserted by 6/2008 s 7

1.7.2008

s 6

deleted by 81/1990 Sch

1.5.1991

Pt 2

heading

substituted by 6/2008 s 8

1.7.2008

s 7

s 7(1)

substituted by 81/1990 Sch

1.5.1991

substituted by 6/2008 s 9

1.7.2008

s 7(2) and (3)

amended by 81/1990 Sch

1.5.1991

s 8 before substitution by 6/2008

s 8(1)

amended by 60/1983 s 4(a)

1.2.1984

substituted by 81/1990 s 4

1.5.1991

s 8(2)

amended by 60/1983 s 4(b)

1.2.1984

amended by 81/1990 Sch

1.5.1991

s 8(3)

amended by 60/1983 s 4(c)

1.2.1984

substituted by 81/1990 Sch

1.5.1991

s 8(4)

amended by 60/1983 s 4(d)

1.2.1984

amended by 81/1990 Sch

1.5.1991

s 8(5)

amended by 60/1983 s 4(e)

1.2.1984

amended by 81/1990 Sch

1.5.1991

s 8(6)

amended by 81/1990 Sch

1.5.1991

s 8

substituted by 6/2008 s 10

1.7.2008

s 9

amended by 81/1990 Sch

1.5.1991

substituted by 6/2008 s 10

1.7.2008

s 9A

inserted by 60/1983 s 5

1.2.1984

s 9A(1)

amended by 81/1990 Sch

1.5.1991

substituted by 6/2008 s 11

1.7.2008

s 9A(2)

deleted by 81/1990 Sch

1.5.1991

inserted by 6/2008 s 11

1.7.2008

s 9A(3) and (4)

amended by 81/1990 Sch

1.5.1991

substituted by 41/2006 s 75

1.4.2007

substituted by 6/2008 s 11

1.7.2008

s 9A(5)

amended by 81/1990 Sch

1.5.1991

s 10

s 10(1)

amended by 81/1990 s 5, Sch

1.5.1991

substituted by 6/2008 s 12(1)

1.7.2008

s 10(2)

substituted by 81/1990 Sch

1.5.1991

amended by 6/2008 s 12(2)

1.7.2008

s 10(3)

amended by 81/1990 Sch

1.5.1991

amended by 6/2008 s 12(3)

1.7.2008

s 10(4)

amended by 81/1990 Sch

1.5.1991

amended by 6/2008 s 12(4), (5)

1.7.2008

s 10(4a) and (4b)

inserted by 6/2008 s 12(6)

1.7.2008

s 10(5) and (6)

amended by 81/1990 Sch

1.5.1991

s 11

amended by 81/1990 Sch

1.5.1991

s 11(2) and (3)

deleted by 84/2009 s 302

1.2.2010

s 12

s 12(1)

amended by 41/2006 s 76

1.4.2007

amended by 6/2008 s 13(1)

1.7.2008

s 12(2)

amended by 6/2008 s 13(2)

1.7.2008

s 13 before deletion by 84.2009

s 13(1) and (2)

amended by 81/1990 Sch

1.5.1991

s 13

deleted by 84/2009 s 303

1.2.2010

s 14

amended by 81/1990 Sch

1.5.1991

s 15

substituted by 81/1990 s 6

27.6.1991

s 15(1)

substituted by 6/2008 s 14(1)

1.7.2008

s 15(2)

amended by 6/2008 s 14(2)

1.7.2008

s 15(3) and (4)

inserted by 6/2008 s 14(3)

1.7.2008

s 16

s 16(1)

s 16 redesignated as s 16(1) by 6/2008 s 15

1.7.2008

s 16(2)

inserted by 6/2008 s 15

1.7.2008

s 17A

inserted by 6/2008 s 16

1.7.2008

s 18 before substitution by 41/2006

s 18(2)

deleted by 81/1990 Sch

1.5.1991

s 18

substituted by 41/2006 s 77

1.4.2007

s 18(3)

amended by 84/2009 s 304

1.2.2010

s 18(13)

public sector agency

amended by 84/2009 s 304

1.2.2010

Pt 3

s 19 before substitution by 6/2008

s 19(1) and (2)

amended by 81/1990 Sch

1.5.1991

s 19(3)

deleted by 81/1990 Sch

1.5.1991

s 19

substituted by 6/2008 s 17

1.7.2008

s 19A

inserted by 6/2008 s 17

1.7.2008

s 20

s 20(1)

amended by 81/1990 Sch

1.5.1991

s 20(1a)

inserted by 6/2008 s 18(1)

1.7.2008

s 20(2)

amended by 81/1990 Sch

1.5.1991

amended by 6/2008 s 18(2)

 1.7.2008

s 21

substituted by 81/1990 Sch

1.5.1991

s 22

amended by 81/1990 Sch

1.5.1991

s 23

s 23(1)

s 23 amended and redesignated as s 23(1) by 81/1990 s 7

27.6.1991

s 23(2)

inserted by 81/1990 s 7(b)

27.6.1991

amended by 6/2008 s 19

1.7.2008

s 23(3)

inserted by 81/1990 s 7(b)

27.6.1991

Sch 1

inserted by 6/2008 s 20

1.7.2008

cl 1

amended by 163/2008 r 4

1.7.2008

amended by 255/2008 r 5

18.9.2008

amended by 46/2011 Sch 3 cl 22

1.1.2012

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.

Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008, Sch 1—Transitional provisions

1—Membership of Board

To avoid doubt, a person holding office as a member of the Senior Secondary Assessment Board of South Australia immediately before the commencement of this clause will, on that commencement, cease to hold that office.

2—Chief Executive Officer of Board

The person holding office as the Chief Executive Officer of the Senior Secondary Assessment Board of South Australia immediately before the commencement of this clause will, on that commencement, be taken to be employed under the Senior Secondary Assessment Board of South Australia Act 1983 as amended by this Act—

(a) with continuity of service; and

(b) without affecting existing conditions of employment or existing or accrued rights to leave; and

(c) for the balance of the term of any contract of employment in existence immediately before that commencement.

3—Staff

To avoid doubt, the amendments made to the Senior Secondary Assessment Board of South Australia Act 1983 by section 6(3) and (6) of this Act will not affect the continuity of employment (including as to service, conditions or rights) of a person employed under that Act.

Historical versions

22.7.1991

1.4.2007

1.7.2008

18.9.2008

1.2.2010


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