SA Education and Children's Services Bill 2017 Aims To Make Schools A Safer Place For Students

The Education and Children's Services Bill 2017 (SA) (the Bill) was originally introduced on 9 August 2017 into the House of Assembly by the Minister for Education and Child Development, the Honourable Susan Close. The new legislation aims to make schools a safer place by proposing tougher penalties to anyone who behaves in an offensive or abusive manner on school grounds.

The Bill has [as at 19 October 2017] passed the House of Assembly and is currently at Second Reading Speech stage in the Legislative Council.

Background

The Minister was quoted as saying in a News Release that “…The Bill represents the most significant reform to the legislation guiding the education and development of children in South Australia in over forty years.”

It is anticipated that proposed new penalties of up to $2,500 will apply to those who “… behave in an offensive manner or use abusive, threatening or insulting language towards principals, teachers and other staff at government and non-government schools, or through other communication channels.”

The changes are the result of public consultation which occurred between December 2016 and March 2017, with the proposed legislation indicating two existing South Australia acts [the Education Act 1972 and the Children’s Services Act 1985] will be replaced.

Brief Overview of the Bill

A Discussion Paper to the Bill outlines some of the proposed outcomes of the changes:

• new powers and increased penalties to ensure schools are safe environments for all staff in government and non-government schools;
• tougher penalties for people who behave in an offensive manner on school premises and use abusive, threatening or insulting language – up to $2,500;
• new penalty for people who trespass on school sites and the ability to bar individuals – up to $2,500;
• stronger penalties for student non-attendance (truancy) including new family conferences and requiring parents to provide valid reasons for a child’s absence within 5 days;
• updating the way schools share information about student progress and development with parents and each other; and
• explicitly prohibiting corporal punishment and ensuring that the best interests of children are the paramount consideration in schools and preschools.

If passed through Parliament, the changes purport to refine existing general administrative and employment requirements to make sure SA schools are safe and nurturing environments and provide students with the support and services that they need.

Outcome of the Changes

The Government says that the changes will modernise arrangements by underpinning both teachers and early childhood workers under a single Act and to further increase autonomy in schools and to share information more effectively with parents and other schools.

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Schools to become safer under proposed changes to Education Bill – News Release

Education and Children's Services Bill 2017 (SA) – Bill and supporting material as reported in TimeBase LawOne Service