South Australian Current Regulations South Australian Current Regulations9—Prescribed forms of association
(1) For the purposes
of section 35(6)(c) of the Act, courses of training or education of the
following kinds are prescribed:
(a)
courses of training or education provided in accordance with the
Education and Children's Services Act 2019 ;
(b)
courses of training or education comprising higher education or vocational
education and training provided in accordance with the South Australian
Skills Act 2008 ;
(c)
courses of training or higher education provided by an institution (within the
meaning of the Higher Education Funding Act 1988 of the Commonwealth);
(d)
courses of training or education required to be undertaken as a condition of
parole under the Correctional Services Act 1982 ;
(e)
courses of training or education provided in accordance with the
Family and Community Services Act 1972 or the Youth Justice
Administration Act 2016 ;
(f)
courses of training or education provided in accordance with the
Children and Young People (Safety) Act 2017 ;
(g)
courses of training or education in relation to which a youth is granted a
leave of absence under section 34 of the Youth Justice Administration
Act 2016 .
(2) For the purposes
of section 35(6)(d) of the Act, rehabilitation, counselling or therapy
sessions of the following kinds are prescribed:
(a)
rehabilitation, counselling or therapy sessions conducted by or provided by a
charitable organisation;
(b)
rehabilitation, counselling or therapy sessions conducted or provided in the
course of the provision of a health service (within the meaning of the
Health Care Act 2008 );
(c)
rehabilitation, counselling or therapy sessions conducted or provided in
accordance with the Children and Young People (Safety) Act 2017 ;
(d)
rehabilitation, counselling or therapy sessions conducted or provided in
accordance with the Family and Community Services Act 1972 or the
Youth Justice Administration Act 2016 ;
(e)
rehabilitation, counselling or therapy sessions in relation to which a youth
is granted a leave of absence under section 34 of the Youth Justice
Administration Act 2016 .
(3) For the purposes
of section 35(6)(f) of the Act, associations of the following kinds are
prescribed:
(a)
associations between persons residing (whether permanently or
temporarily)—
(i)
in a supported residential facility (within the meaning
of the Supported Residential Facilities Act 1992 ); or
(ii)
in an approved treatment centre (within the meaning of
the Mental Health Act 2009 ); or
(iii)
in a facility providing emergency housing operated by
State, Commonwealth or local government, or by a charitable organisation;
(b)
associations occurring for the genuine purpose of political communication;
(c)
associations occurring in the course of legal proceedings;
(d)
associations occurring in the course of the provision of a health service
(within the meaning of the Health Care Act 2008 ) (other than in relation
to a rehabilitation, counselling or therapy session referred to in
subregulation (2)(b));
(e)
associations occurring in the course of complying with a lawful direction of a
person exercising a power, or carrying out official duties, under an Act
(whether of this State or another jurisdiction).
(4) In this
regulation—
"charitable organisation" means an organisation, society, institution or body
carried on for a religious, educational, benevolent or charitable purpose,
provided that it is not also carried on for the purpose of securing pecuniary
benefit for its members.