South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"the Appeal Board" means the Teachers Appeal Board established under the
Education Act 1972 ;
"Chief Executive Officer" means the person for the time being holding, or
acting in, the position of Chief Executive Officer of the Department;
"college" means an educational institution at which technical
and further education is provided pursuant to this Act;
"council" means a college council established by the Minister under Part 4;
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"employing authority" means—
(a)
unless paragraph (b) applies—the Chief Executive Officer; or
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
"the Minister" means the Minister of Employment and Further Education or any
other Minister of the Crown for the time being exercising and discharging the
functions and responsibilities of the Minister of Employment and Further
Education;
"officer" means an officer appointed under section 15;
"technical and further education" means instruction or training in any
academic, vocational or practical discipline other than instruction or
training excluded from the application of this Act.
(2) A reference in
this Act to the effective service of an officer is a reference to—
(a) the
period (if any) of the officer's continuous service as an officer; and
(b) any
other period (if any) that is, by determination of the employing authority, to
be regarded as forming the whole, or part, of the officer's effective service,
but does not include any period that is, by determination of the employing
authority, not to be regarded as a period of effective service for the
purposes of this Act.
(3) The
employing authority may, by instrument in writing, determine in relation to
any specified officers, or officers of any specified class, that a period
referred to in the instrument is, or is not, to be regarded as a period of
effective service for the purposes of this Act.
(4) The Governor may,
from time to time as the Governor thinks fit, vary or revoke a proclamation
made for the purposes of the definition of
"employing authority", or make a new proclamation for the purposes of that
definition.
(5) If—
(a) the
Chief Executive Officer is the employing authority under this Act; and
(b) a
provision of this Act—
(i)
requires that a matter be referred to the
employing authority by the Chief Executive Officer; or
(ii)
provides that the Chief Executive Officer make a
recommendation to the employing authority,
the provision will be taken to allow for the Chief Executive Officer, in his
or her capacity as the employing authority, to take action without an actual
referral or recommendation.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.