version no. 041 teaching service act 1981...i version no. 041 teaching service act 1981 act no....

i

Version No. 041 Teaching Service Act 1981

Act No. 9714/1981

Version incorporating amendments as at 16 June 1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Short title and commencement 1 2. Definitions 2 2A. Repealed 8

PART 2—THE TEACHING SERVICE 9

Division 1—Categories of Personnel 9

3. Employment of teachers etc. 9

Division 2—Creation and Abolition of Offices 9

4. Creation and abolition of offices 9

Division 2A—Method of Appointment 10

4A. Method of appointment 10

Division 3—Recruitment and Initial Appointments 10

5. Appointments 10 6. Power of Chief General Manager to fill vacancies from outside

teaching service in certain cases 11 7. Advertisements 12 8. Appointment to be on probation 12 8A. Term of appointment 13 8B. Initial appointment of members of Principal Class 14

Division 4—Temporary Employment 14

9. Register, selection and qualifications 14

Division 5—Repealed 16

10–10C. Repealed 16

PART 3—CLASSIFICATIONS, SALARIES, ALLOWANCES AND CONDITIONS OF WORK 17

Section Page

ii

Division 1—Preliminary 17

10. Repealed 17 11. Order in respect of employment in the teaching service 17 12. Reclassification of an office 19 13. Annual increments of salary or wages 19 14. Provision in an Appropriation Act 19 15. Repealed 20

Division 2—The Principal Class 20

16. Definitions 20 17. Declaration of offices in the Principal Class 22 18. Employer 22 19. Remuneration packages 22 20. Employment of members of Principal Class to be governed by

contract of employment 23 21. Application of Employee Relations Act 1992 24 22. Matters regulated by a contract of employment 24 23. Monetary remuneration and employment benefits 26 24. Travelling and subsistence allowances etc. 27 25. Performance review of a member of the Principal Class 27 26. Termination of a contract of employment 28 27. Vacancy of Principal Class office 30 28. Repealed 30 29. Contracts prevail in certain circumstances 31 30. Certain legal proceedings excluded 31 31. Part 4 of Public Sector Management Act not to apply 31

Divisions 2A–2E—Repealed 31

30–33Q. Repealed 31

Division 3—Leave and Other Entitlements 32

34. Leave of absence for recreation or illness 32 35. Extended leave 33 36. Leave of absence for employment, studies etc. 33 37. Long service leave 35 38. Payment in lieu of long service leave to officer or employee in

certain circumstances on his resignation or dismissal 39 39. Retiring gratuities 39 40. Officers engaged in work of a higher or lower class or grade 41 41. Gratuity and other remuneration 42 42. Rent charged to officers and employees residing in Government

buildings 42 43. Officers not to engage in duties unconnected with office 43 44. Saving of rights of officers holding Government office 44 45. Incapacitated officers 45

Section Page

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46. Retirement 47 47. Absence from duty 48 48. Evidence 49 49. Fines to be stopped from salary 49 50. Oath of public offices 49 51. Changes in offices and powers and duties 49 52. Repealed 50 53. No claim for compensation if salary reduced or services

dispensed with 51

PART 4—TRANSFERS, PROMOTIONS, APPEALS 52

Division 1—Transfers Between Teaching Service and Public Service 52

54. Transfer etc. from teaching service to public service 52 55. Transfer etc. from public service to teaching service 52 56. Rights under Public Service Act 1974 preserved 52 57. Rights under this Act preserved 53

Division 2—Transfers and Promotions within the Teaching Service 53

58. Transfers and promotions 53 58A. Repealed 54 59. Advertisement of teaching vacancies 54 60. Repealed 54 61. Director to consider recommendation of school council etc. 55 61A. Repealed 55 62. Transfer or promotion to a vacant office 55 62A. Term of office 57 62B. Appointment of members of the Principal Class 57 62C, 63. Repealed 58

Division 3—Appeals 58

64. Merit Protection Boards 58 64AA. Membership of Boards 59 64AB. Terms and conditions of appointment 59 64AC. Acting appointments 60 64AD. Allocation of work amongst the Boards 60 64AE. Oath of office 60 64AF. Decisions of Board 60 64AG. Reviews 61 64AH. Determination of Board 62 64AI. Review of Director's decision not to appoint 63 64A. Review of appointment of principal etc. 63 65. Efficiency 65

PART 5—DISCIPLINE, 67

Section Page

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66. Offences 67 67. Forfeiture of office 68 68. Alternative procedures 69 69. Preliminary investigation 69 70. Suspension from duty 69 71. Procedure for laying charges 70 72. Determinations of charges against officers 71 73. Conduct of proceedings 71 74. If charge not proved 71 75. Forfeiture of salary by charged officer 72 75A. Address for service 72

PART 6—GENERAL 73

76. Minister may delegate powers and functions 73 77. Chief General Manager may delegate powers and functions 74 77A. Publication requirements 76 77B. Supreme Court—limitation of jurisdiction 76 78. Regulations 76

PART 7—TRANSITIONAL 78

79. The Principal Act 78 80. Teaching Service Act 1958 to be repealed on appointed day 78 81. Saving 80 82–89. Repealed 80

__________________

SCHEDULE 82 ═══════════════

NOTES 83

1. General Information 83

2. Table of Amendments 84

3. Explanatory Details 89

1 AB-15/6/98

Version No. 041

Teaching Service Act 1981 Act No. 9714/1981

Version incorporating amendments as at 16 June 1998

An Act to establish the Education Service, to repeal the Teaching Service Act 1958 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1. Short title and commencement

(1) This Act may be cited as the Teaching Service Act 1981.

(2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

* * * * *

S. 1(1) amended by No. 10029 s. 4(1)(a).

S. 1(3) amended by No. 10029 s. 4(1)(b)(ii)(iii), repealed by No. 94/1987 s. 5(1)(a).

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Teaching Service Act 1981

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2. Definitions

In this Act unless inconsistent with the context or subject-matter—

* * * * *

* * * * *

* * * * *

"classification" includes the division class subdivision or grade in which any officer employee or work is placed and the title (if any) by which any office is designated; and "classify" has a corresponding interpretation;

s. 2

S. 2 def. of "approved agent" substituted by No. 10029 s. 5(1)(a), repealed by No. 94/1987 s. 5(1)(b)(i).

S. 2 def. of "approved unit" substituted by No. 10029 s. 5(1)(a), repealed by No. 94/1987 s. 5(1)(b)(i).

S. 2 def. of "award" inserted by No. 94/1987 s. 5(1)(b)(i), amended by No. 47/1992 s. 25(9)(a), substituted by No. 83/1992 s. 184(Sch. 6 Item 21.1(a)), repealed by No. 82/1994 s. 13(Sch. 2 item 8.1).

S. 2 def. of "classifi-cation" amended by No. 22/1996 s. 27(a)(ii).

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* * * * *

* * * * *

* * * * *

* * * * *

"Chief General Manager" means Chief General Manager, Department of School Education;

"Director" means the Director of School Education;

* * * * *

S. 2 def. of "Commiss-ion" substituted by No. 10029 s. 5(1)(b), repealed by No. 94/1987 s. 5(1)(b)(ii).

S. 2 def. of "Commiss-ioner" substituted by No. 10029 s. 5(1)(b), repealed by No. 94/1987 s. 5(1)(b)(ii).

S. 2 def. of "determin-ation" inserted by No. 10029 s. 5(1)(c), repealed by No. 94/1987 s. 5(1)(b)(ii).

s. 2

S. 2 def. of "Director-General" repealed by No. 73/1991 s. 6(1)(a)(i). S. 2 def. of "Chief General Manager" inserted by No. 73/1991 s. 6(1)(a)(i).

S. 2 def. of "Director" inserted by No. 44/1993 s. 15(b).

S. 2 def. of "Education Gazette" repealed by No. 44/1993 s. 15(a).

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* * * * *

"employee" means any person engaged under the provisions of Division 4 of Part II of this Act;

* * * * *

"industrial association of employees" means an organisation of employees registered under the Workplace Relations Act 1996 of the Commonwealth;

S. 2 def. of "Education Service Appeals Board" repealed by No. 10029 s. 5(1)(d). S. 2 def. of "employee" amended by No. 22/1996 s. 27(a)(ii).

s. 2

S. 2 def. of "government office" amended by No. 10029 s. 5(1)(e), substituted as "Employee Relations Commission" by No. 83/1992 s. 184(Sch. 6 Item 21.1(b)), repealed by No. 59/1996 s. 10(Sch. 2 item 21.1(a)).

S. 2 def. of "industrial association of employees" inserted by No. 94/1987 s. 5(1)(b)(iii), amended by Nos 83/1992 s. 184(Sch. 6 Item 21.1(c)), 59/1996 s. 10(Sch. 2 item 21.1(b)).

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"member of the Principal Class" means a member of the teaching service who holds an office which has been declared to be an office in the Principal Class by Ministerial Order;

* * * * *

* * * * *

* * * * *

* * * * *

"Ministerial order" means an order made or deemed to be made by the Minister under section 11;

S. 2 def. of "member of the Principal Class" inserted by No. 96/1993 s. 4.

S. 2 def. of "Industrial Relations Commission" inserted by No. 94/1987 s. 5(1)(b)(iii), repealed by No. 83/1992 s. 184(Sch. 6 Item 21.1(d)).

S. 2 def. of "industrial dispute" inserted by No. 10029 s. 5(1)(f), repealed by No. 94/1987 s. 5(1)(b)(ii).

s. 2

S. 2 def. of "industrial matter" inserted by No. 10029 s. 5(1)(f), repealed by No. 94/1987 s. 5(1)(b)(ii).

S. 2 def. of "Minister" repealed by No. 73/1991 s. 6(1)(a)(ii).

S. 2 def. of "Ministerial order" inserted by No. 94/1987 s. 5(1)(b)(iv).

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"officer" means any person holding an office in the teaching service but does not include an employee;

"prescribed" means prescribed by the regulations and "prescribe" has a corresponding meaning;

* * * * *

"principals" means those persons appointed by the Chief General Manager to designated positions as principals of schools;

"public notice" means a notification that has appeared at least once in a newspaper circulating throughout Victoria;

"regulations" means regulations under this Act;

"state school" means any school conducted under the Education Act 1958;

* * * * *

S. 2 def. of "officer" amended by Nos 10029 s. 5(1)(g), 22/1996 s. 27(a)(ii).

S. 2 def. of "President" substituted by No. 10029 s. 5(1)(h), repealed by No. 94/1987 s. 5(1)(b)(ii). S. 2 def. of "principals" amended by No. 73/1991 s. 6(1)(a)(iii).

s. 2

S. 2 def. of "state school" inserted by No. 44/1993 s. 15(c).

S. 2 def. of "State Training Board" inserted by No. 45/1990 s. 118(a), repealed by No. 22/1996 s. 27(a)(i).

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* * * * *

"teachers" means permanent officers employed in the teaching service for teaching in State schools and other temporary employees engaged for the same purpose;

* * * * *

* * * * *

S. 2 def. of "TAFE Gazette" inserted by No. 13/1986 s. 34(1), repealed by No. 94/1987 s. 5(1)(b)(ii).

S. 2 def. of "teachers" amended by Nos 10029 s. 5(1)(i), 22/1996 s. 27(a)(iii).

s. 2

S. 2 def. of "Teaching Service Appeals Board" inserted by No. 10029 s. 5(1)(j) (as amended by No. 45/1990 s. 119), repealed by No. 44/1993 s. 15(a).

S. 2 def. of "Teaching Service Disciplinary Board" inserted by No. 10029 s. 5(1)(j) (as amended by No. 45/1990 s. 119), repealed by No. 44/1993 s. 15(a).

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* * * * *

* * * * *

* * * * *

__________________

S. 2 def. of "Technical and Further Education Board" inserted by No. 10029 s. 5(1)(j), repealed by No. 22/1996 s. 27(a)(i).

S. 2 def. of "technical and further education" and "technical and further education teaching service" inserted by No. 9933 s. 15(a), repealed by No. 22/1996 s. 27(a)(i).

S. 2A inserted by No. 10029 s. 5(2), repealed by No. 94/1987 s. 5(1)(c).

s. 2

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PART II—THE TEACHING SERVICE

Division 1—Categories of Personnel

3. Employment of teachers etc.

For the purposes of this Act, there shall be employed by Her Majesty in the teaching service teachers and principals and such other persons as are necessary for the purposes of this Act.

Division 2—Creation and Abolition of Offices

4. Creation and abolition of offices

(1) The Director may create, abolish or otherwise deal with any office in the teaching service.

(2) The Director must classify and grade each office created under sub-section (1), but may only do so in the case of an office in the Principal Class, with the approval of the Minister.

* * * * *

(4) Where an office is abolished the holder of the office shall become an unattached officer and shall be deployed by the Director to any other office the Director deems appropriate.

* * * * *

Pt 2 (Heading) amended by No. 10065 s. 10(a).

S. 3 substituted by No. 10029 s. 7(1).

s. 3

S. 4(1) amended by No. 10029 s. 7(2)(a) substituted by No. 96/1993 s. 13(1).

S. 4(2) repealed by No. 10029 s. 7(2)(b), new s. 4(2) inserted by No. 96/1993 s. 13(1).

S. 4(3) repealed by No. 10029 s. 7(2)(b).

S. 4(4) amended by Nos 73/1991 s. 6(1)(b), 96/1993 s. 13(2).

S. 4(5) repealed by No. 10029 s. 7(2)(b).

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Division 2A—Method of Appointment

4A. Method of appointment

An appointment (whether by way of transfer or promotion or otherwise) to a position in the teaching service shall be made by the Director.

Division 3—Recruitment and Initial Appointments

5. Appointments

(1) Whenever it appears necessary the Chief General Manager may invite applications for appointment to offices in the teaching service and may appoint persons to those offices.

(2) Subject to this Act a person is not eligible for appointment to any office of the teaching service unless—

(a) the Chief General Manager is satisfied after he has undergone a medical examination approved by the Chief General Manager as to his health and physical fitness;

(b) the Chief General Manager is satisfied that he is a fit and proper person to be an officer of the teaching service; and

(c) the Chief General Manager is satisfied that he has fulfilled such qualification requirements as are in effect at the time.

(3) A person is not eligible for appointment to an office in the teaching service unless he or she is—

Pt 2 Div. 2A (Heading and s. 4A) inserted by No. 44/1993 s. 16.

S. 4A inserted by No. 44/1993 s. 16.

s. 4A

S. 5(1) amended by Nos 10029 s. 8(1), 73/1991 s. 6(1)(b).

S. 5(2) amended by No. 10029 s. 8(1).

S. 5(2)(a) amended by No. 73/1991 s. 6(1)(b).

S. 5(2)(b) amended by Nos 10029 s. 8(1), 73/1991 s. 6(1)(b).

S. 5(2)(c) amended by Nos 73/1991 s. 6(1)(b), 44/1993 s. 17(a).

S. 5(3) inserted by No. 44/1993 s. 17(b).

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(a) an Australian citizen; or

(b) a permanent resident in Australia under any law of the Commonwealth; or

(c) entitled to permanent residency in Australia under any law of the Commonwealth.

(4) The Director may waive the requirement in sub-section (3) if he or she considers that it is in the interests of Victoria that a person who does not satisfy the requirements should be appointed to an office in the teaching service.

(5) A ministerial order may specify the qualifications or experience necessary for appointment to any office or class or grade of office.

(6) A person may apply to a Merit Protection Board for a review of the Director's decision if the Director has refused to appoint the person to the teaching service on the grounds that he or she does not possess the qualifications or experience required by a ministerial order necessary for appointment to the teaching service.

6. Power of Chief General Manager to fill vacancies from outside teaching service in certain cases

(1) Notwithstanding anything in this Act where the Chief General Manager is satisfied that there is no available officer in the teaching service who is as capable of filling a vacant office as a person who is not a member of the teaching service the Chief General Manager may appoint the person who is not a member of the teaching service to that vacant office.

(2) An appointment shall not be made under this section unless public notice of the vacancy in the office has been given.

S. 5(4) inserted by No. 44/1993 s. 17(b), amended by No. 22/1996 s. 27(b).



s. 6


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* * * * *

7. Advertisements

(1) A person shall not be appointed to an office in the teaching service if he has not applied for appointment to the office or to the proposed office in response to a public notice.

(2) A public notice shall contain the prescribed information.

* * * * *

* * * * *

8. Appointment to be on probation

(1) Except where the Chief General Manager otherwise determines either generally or in a particular case every appointment to an office in the teaching service shall be on probation for such period (not exceeding twelve months) as the Chief General Manager specifies whether generally or in any particular case or class of cases.

(2) A person appointed to the teaching service on probation shall remain a probationer until his appointment is confirmed or annulled in accordance with this section.

S. 6(3) repealed by No. 12/1997 s. 3.

s. 7

S. 7(1) amended by No. 10029 s. 8(1).

S. 7(3) amended by Nos 10029 s. 8(1), 73/1991 s. 6(1)(b), repealed by No. 96/1993 s. 14(1). S. 7(4) repealed by No. 96/1993 s. 14(1).


S. 8(2) amended by No. 10029 s. 8(1).

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(3) The Chief General Manager may annul the appointment of a person at any time while he is a probationer.

(4) At the expiration of the period of probation for which a probationer is appointed the Chief General Manager shall either—

(a) confirm the appointment of the probationer;

(b) annul his appointment; or

(c) extend the probation for a further period (not exceeding twelve months).

(5) Where the Chief General Manager extends the probation for a further period he may confirm or annul the appointment at any time during that further period and if the appointment has not been confirmed or annulled before the expiration of that period the Chief General Manager shall as soon as practicable confirm or annul the appointment.

(6) Where any appointment is annulled the annulment shall take effect from such date as is determined by the Chief General Manager.

8A. Term of appointment

(1) An appointment under this Division may be made for a specified term not exceeding five years.

(2) An appointment under this section may be renewed for successive terms not exceeding five years each.

S. 8(3) amended by No. 73/1991 s. 6(1)(b). S. 8(4) amended by No. 73/1991 s. 6(1)(b).

S. 8(5) amended by No. 73/1991 s. 6(1)(b).

S. 8(6) amended by No. 73/1991 s. 6(1)(b).

S. 8A inserted by No. 10029 s. 8(3).

s. 8A

S. 8A(1) amended by Nos 10065 s. 10(b), 96/1993 s. 7, 22/1996 s. 23.

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(3) A person appointed for a term shall—

(a) upon that appointment become an officer of the teaching service; and

(b) upon the expiration of the term and unless the appointment is renewed under sub-section (2), or he is appointed to another office, become an unattached officer.

8B. Initial appointment of members of Principal Class

An appointment under this Division of a person to an office in the Principal Class must be made pursuant to a contract of employment under Division 2 of Part III.

Division 4—Temporary Employment

9. Register, selection and qualifications1

* * * * *

(2) Whenever in the opinion of the Chief General Manager the prompt despatch of the work of any section renders temporary assistance necessary, and suitable temporary assistance cannot be made available by the transfer of officers or employees from within the teaching service, the Chief General Manager may appoint such person or persons as to the Chief General Manager appears best qualified for such work having regard to qualifications.

(3) No person shall be selected by the Chief General Manager under sub-section (2) unless his qualifications are evidenced by examination or otherwise.

S. 8B inserted by No. 77/1990 s. 3, substituted by No. 96/1993 s. 5.

s. 8B

S. 9(1) amended by Nos 10029 s. 8(1), 73/1991 s. 6(1)(b), repealed by No. 96/1993 s. 14(2). S. 9(2) amended by Nos 10029 s. 8(1), 73/1991 s. 6(1)(b), 96/1993 s. 14(3), 22/1996 s. 27(m).

S. 9(3) amended by Nos 73/1991 s. 6(1)(b), 96/1993 s. 14(4).

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(4) Subject to sub-section (5) a person selected by the Chief General Manager under sub-section (2) may be employed for any period not exceeding such period (being not more than one year) as is determined by the Chief General Manager (whether generally or in any particular case or class of cases) and if necessary the employment of that person may with the consent of the Chief General Manager be extended for a further period of not more than one year.

(5) Sub-section (4) shall not apply to the employment of a person in the performance of work which the Chief General Manager has certified to be work of a kind of which the Chief General Manager could not ensure the performance if the employment of persons in a temporary capacity were not continued.

(6) Notwithstanding anything in sub-section (4) the Chief General Manager may authorize the employment of any person in any specified work until the completion thereof or in any work of an intermittent or casual character and may determine the remuneration payable to and the conditions of employment of such person.

(7) Every employee shall be deemed to be subject to the provisions of this Act and the regulations relating to absence from duty attendance of officers and the duties of officers so far as such provisions are applicable and to such regulations as are expressly applied to employees.

(8) The Chief General Manager may at any time dismiss or remove any person employed under this section.

S. 9(4) amended by No. 73/1991 s. 6(1)(b).

S. 9(5) amended by No. 73/1991 s. 6(1)(b).

s. 9

S. 9(6) amended by No. 73/1991 s. 6(1)(b).

S. 9(7) amended by No. 22/1996 s. 27(l)(m).

S. 9(8) amended by No. 73/1991 s. 6(1)(b).

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* * * * *

* * * * *

* * * * *

__________________

S. 9(9)–(11) amended by No. 73/1991 s. 6(1)(b), repealed by No. 10029 s. 8(2).

S. 9(12)–(15) repealed by No. 10029 s. 8(2).

Pt 2 Div. 5 (Heading and ss 10–10C) inserted by No. 44/1993 s. 3, repealed by No. 3/1997 s. 4.2

s. 9

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PART III—CLASSIFICATIONS, SALARIES, ALLOWANCES AND CONDITIONS OF WORK

Division 1—Preliminary

* * * * *

11. Order in respect of employment in the teaching service

(1) The Minister may make an order for or in respect of any matter relating to employment in the teaching service.

(2) The Minister may by order amend or revoke any order under sub-section (1).

(3) An order of the Minister shall remain in force until—

(a) the Minister by order revokes it; or

Pt 3 Div. 1 (Heading and ss 10–12) substituted as Pt 3 Div. 1 (Heading and ss 10–14) by No. 10029 s. 9(1).

S. 10 substituted by No. 10029 s. 9(1), repealed by No. 94/1987 s. 5(1)(c).


s. 11

S. 11(1) substituted by No. 94/1987 s. 5(1)(d)(i), amended by No. 82/1994 s. 13(Sch. 2 item 8.2(a)).

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* * * * *

* * * * *

(5) An order under this section shall take effect—

(a) on and from the day specified in the order; or

(b) if no day is so specified, on and from the day on which the order is made.

(6) An order under this section may provide that it shall take effect on and from a day earlier than the day on which it is made.

(7) The Minister shall cause all orders under this section to be published as soon as practicable after they are made.

(8) An order may apply adopt or incorporate (whether with or without modification) any matter contained in any document issued or adopted by any specified person or body as issued or adopted at the time the order is made or at any time before then.

S. 11(3)(b) amended by No. 94/1987 s. 5(d)(ii), repealed by No. 82/1994 s. 13(Sch. 2 item 8.2(b)).

S. 11(4) amended by No. 94/1987 s. 5(d)(ii)–(iv), repealed by No. 82/1994 s. 13(Sch. 2 item 8.2(b)).

s. 11

S. 11(7) amended by Nos 13/1986 s. 34(2), 94/1987 s. 5(1)(d)(v), 44/1993 s. 18(a).

S. 11(8) inserted by No. 94/1987 s. 5(1)(d)(vi).

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12. Reclassification of an office

Where an office in the teaching service is reclassified otherwise than by reason of a reclassification that is certified by the Minister to be a result of a general reclassification of offices of that class the office shall unless the Minister certifies that there is no other office having the same classification and designation become vacant and the holder of the office immediately prior to reclassification shall become an unattached officer.

13. Annual increments of salary or wages

(1) Where provision is made for annual increments of salary or wages in respect of any office in the teaching service the Chief General Manager may grant to the officer holding such office the increment provided for.

(2) Any officer who feels aggrieved by the failure or refusal of the Chief General Manager to grant such an increment may appeal as prescribed against that failure or refusal to a Merit Protection Board which may grant or refuse to grant the increment.

14. Provision in an Appropriation Act

Any provision in an Appropriation Act authorizing the Treasurer to issue out of the Consolidated Fund an increased amount in respect of salaries where the amount payable in respect of salaries is increased as a result of any

S. 12 substituted by No. 10029 s. 9(1), amended by No. 22/1996 s. 27(c).

s. 12


S. 13(1) amended by Nos 45/1990 s. 118(b)(i)(ii), 73/1991 s. 6(1)(b), 22/1996 s. 27(d)(i)(ii).

S. 13(2) amended by Nos 45/1990 s. 118(c), 73/1991 s. 6(1)(b), 44/1993 s. 18(b), 22/1996 s. 27(e)(i)(ii).

S. 14 substituted by No. 10029 s. 9(1), amended by No. 94/1987 s. 5(1)(e).

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determination shall be read and construed as including a reference to any increased amount payable by reason of any order of the Minister under section 11 or any determination or any award.

* * * * *

Division 2—The Principal Class3

16. Definitions

In this Division—

"approved" means approved or authorised by or in accordance with a Ministerial Order either generally or in relation to any member of the

New s. 15 inserted by No. 94/1987 s. 6, amended by Nos 47/1992 s. 25(9)(b), 83/1992 s. 184(Sch. 6 item 21.2), repealed by No. 59/1996 s. 10(Sch. 2 item 21.2).

Pt 3 Div. 2 (Heading and ss 13–33) amended by Nos 9902 s. 2(1), 9933 s. 15(b)–(h), substituted as Pt 3 Div. 2 (ss 15–29) by No. 10029 s. 9(1), amended by Nos 10258 s. 7(5)(a), repealed by No. 94/1987 s. 4(4), new Pt 3 Div. 2 (Heading and ss 16–31) inserted by No. 96/1993 s. 6.

S. 16 inserted by No. 96/1993 s. 6.

s. 16

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Principal Class or class of members of the Principal Class;

"contract of employment" means a contract of employment under this Division between a member of the Principal Class and the Director;

"employment benefit" means—

(a) contributions payable by the Crown to a superannuation scheme or fund established by or under an Act or approved for the purposes of this definition in respect of a member of the Principal Class including any liability of the Crown to make any such contributions or to pay approved costs associated with that scheme or fund; or

(b) the entitlement of a member of the Principal Class to approved leave with pay; or

(c) any other approved benefit of a private nature provided to a member of the Principal Class at the cost of the Crown;

"monetary remuneration" includes allowances paid in money but does not include—

(a) travelling or subsistence allowances; or

(b) allowances in relation to relocation expenses; or

(c) any other allowances in relation to expenses incurred in the discharge of the duties of a member of the Principal Class;

"remuneration package" means the remuneration package for a member of the

s. 16

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22 AB-15/6/98

Principal Class or a class of members of the Principal Class determined in accordance with a Ministerial Order.

17. Declaration of offices in the Principal Class

(1) There is established within the teaching service a Principal Class consisting of members of the teaching service who hold offices which have been declared by Ministerial order to be offices in the Principal Class.

(2) The Minister may make an Order under section 11 declaring any office or class of offices in the teaching service to be an office in the Principal Class.

18. Employer

(1) The Director must be taken to be the employer, for the purposes of the provisions of this Division relating to contracts of employment and for no other purpose, of any member of the Principal Class.

(2) The Director acts for and on behalf of the Crown in any contract of employment between a member of the Principal Class and the Director.

19. Remuneration packages

(1) The Minister may make an Order under section 11 specifying ranges of remuneration packages for members of the Principal Class or classes of members of the Principal Class.

(2) In this Division, a reference to the remuneration package for a member of the Principal Class is a reference to—

(a) the amount set out in the contract of employment; or

(b) in any other case, the minimum amount within the range of remuneration packages.


s. 17

S. 18 inserted by No. 96/1993 s. 6, amended by No. 59/1996 s. 10(Sch. 2 item 21.3).


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23 AB-15/6/98

20. Employment of members of Principal Class to be governed by contract of employment

(1) Subject to this Act, the employment of a member of the Principal Class shall be governed by a contract of employment between the member and the Director. The contract must be in writing and be signed by or on behalf of the Director and by the member.

(2) A contract of employment must specify the date on which it expires which must not be more than 5 years after the date on which it came into force.

(3) Subject to this Act, a member of the Principal Class holds an office in the Principal Class while a contract of employment to which he or she is a party remains in force for that office and continues to hold that office if a subsequent contract of employment is entered into for it by him or her and the Director.

(4) If at the time of entering into a contract of employment for an office, a member of the Principal Class had not been appointed to that office, then the contract constitutes his or her instrument of appointment.

(5) A contract of employment may be varied at any time by a further contract between the parties. However the term of the contract may not be increased beyond 5 years.

(6) A contract of employment may not vary or exclude a provision of the Public Sector Management Act 1992 or this Act except sections 34 to 40.


s. 20

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24 AB-15/6/98

21. Application of Employee Relations Act 1992

* * * * *

(2) If a member of the Principal Class enters into a contract of employment under this Division, any employment agreement entered into under Part 2 of the Employee Relations Act 1992 is of no force or effect in respect of the terms and conditions of employment of that member.

* * * * *

22. Matters regulated by a contract of employment

(1) A contract of employment between a member of the Principal Class and the Director may contain provisions concerning some or all of the terms and conditions of employment including—

(a) the duties of the member's office (including performance criteria for the purpose of reviews of the member's performance);

(b) accountability requirements, including specifying any person to whom the member is responsible in respect of specified matters;


s. 21

S. 21(1) amended by No. 82/1994 s. 13(Sch. 2 item 8.3), repealed by No. 59/1996 s. 10(Sch. 2 item 21.4(a)).

S. 21(2) amended by Nos 82/1994 s. 13(Sch. 2 item 8.4(a)(b)), 59/1996 s. 10(Sch. 2 item 21.4(b)).

S. 21(3) repealed by No. 59/1996 s. 10(Sch. 2 item 21.4(a)).


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25 AB-15/6/98

(c) the monetary remuneration and employment benefits for the member (including the nomination of the amount of the remuneration package, if a range of amounts has been specified by Ministerial Order for the remuneration package);

(d) the date on which it expires;

(e) payment of any performance-related incentive allowance;

(f) hours of duty;

(g) transfer to any other office in the teaching service including an office of a lesser class or grade if the member's contract of employment is terminated;

(h) termination of the contract upon notice by the member;

(i) the procedures to be followed to prevent or settle claims, disputes or grievances that arise during the currency of the contract.

(2) The minimum terms and conditions of employment that may be contained in a contract of employment under this Division are those contained in clause 1(a), (b) and (d) of Schedule 1 to the Employee Relations Act 1992.

(3) A provision of a contract of employment is of no effect to the extent that it provides a term or condition of employment that is less favourable to the member than the minimum applicable under sub-section (2).

(4) A contract of employment may provide for any matter to be determined—

(a) by further agreement between the parties; or

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(b) by further agreement between the member and some other person specified in the contract; or

(c) by the Minister or some other person or body specified in the contract.

23. Monetary remuneration and employment benefits

(1) A member of the Principal Class is entitled to monetary remuneration at the rate and to the employment benefits of the kinds provided in his or her contract of employment.

(2) The total amount of—

(a) the annual rate of monetary remuneration; and

(b) the annual cost to the Crown of employment benefits—

for a member of the Principal Class under his or her contract of employment must be equal to the amount of the remuneration package for that member.

(3) The cost of an employment benefit is the approved amount or an amount calculated in the approved manner.

(4) This section does not affect—

(a) any performance related incentive payment made to a member of the Principal Class in accordance with his or her contract of employment; or

(b) any remuneration or benefits to which a member of the Principal Class is entitled by law in addition to those arising under the contract of employment.

(5) During any period when the monetary remuneration and employment benefits for a


s. 23

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27 AB-15/6/98

member of the Principal Class cannot be determined under sub-section (1), the member is entitled to monetary remuneration at the rate of the amount of remuneration package for the member, subject to any subsequent adjustment of payments in accordance with the contract of employment of the member.

(6) If the remuneration package for a member of the Principal Class is varied, the member is entitled to monetary remuneration and employment benefits in accordance with the contract of employment of the member, pending any necessary variation of the contract and subsequent adjustment of payments in accordance with the contract as varied.

24. Travelling and subsistence allowances etc.

A member of the Principal Class is entitled to be paid—

(a) any travelling or subsistence allowances; and

(b) any allowances in relation to relocation expenses; and

(c) any other allowances in relation to expenses incurred in the discharge of his or her duties—

in accordance with a Ministerial Order.

25. Performance review of a member of the Principal Class

(1) The Director may review the performance of a member of the Principal Class.

(2) The review must—

(a) be conducted in accordance with the principles (if any) determined under sub-section (3); and


s. 24


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(b) have regard to any performance criteria contained in the member's contract of employment.

(3) The Director may determine principles to govern the conduct of any review under this section.

(4) The Director must ensure that any principles determined under sub-section (3) are published.

(5) Nothing in this section prevents an inquiry into a member's performance being conducted at any time if required for the purposes of section 45 or Part V.

26. Termination of a contract of employment

(1) A contract of employment may be terminated—

(a) in accordance with the terms of the contract; or

(b) if the member's office is abolished or the member is dismissed or removed from office or the member is reduced to a lower class or grade or the member retires or resigns or has his or her services dispensed with in accordance with this Act or the Public Sector Management Act 1992; or

(c) if the member ceases to be a member of the teaching service; or

(d) in the absence of anything to the contrary in the contract, by either party to the contract giving 12 weeks notice of termination to the other party.

(2) If a contract of employment of a member of the Principal Class expires or is terminated and the member does not enter into a further contract of employment, the member ceases to hold office as a member of the Principal Class on the expiry or termination of the contract and becomes an


s. 26

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unattached officer of the teaching service unless the member is no longer a member of the teaching service or the Director makes a direction under sub-section (4).

(3) If a member becomes an unattached officer under sub-section (2)—

(a) the Director may direct the officer to carry out any of the duties of an office in the Principal Class or may transfer the officer to any other office in the teaching service (including an office with terms and conditions of employment less favourable to the officer) that the Director considers appropriate; or

(b) if the officer's contract of employment makes provision about transfer to an office in the teaching service upon becoming an unattached officer, the Director must act in accordance with that provision—

and the terms and conditions of employment applicable to that office apply to the officer.

(4) If the contract of employment of a member of the Principal Class is terminated or expires, the Director may direct the member to carry out any of the duties of an office in the Principal Class without the member entering into a subsequent contract of employment for any period determined by the Director not exceeding 12 months. If no contract has been entered into at the end of that period the member becomes an unattached officer and sub-section (3) applies to that member.

(5) If a direction is given under sub-section (4), the member is entitled to receive the remuneration package that applied to the member's former office for the period determined by the Director under sub-section (4).

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(6) A person is not entitled to any compensation for termination of a contract of employment under sub-section (1).

(7) A person who becomes an unattached officer under sub-section (2) or (4) is not entitled to any compensation for ceasing to hold office as a member of the Principal Class.

27. Vacancy of Principal Class office

(1) The office of a member of the Principal Class becomes vacant if—

(a) the appointment to that office expires or is terminated or the member's contract of employment expires or is terminated, without a subsequent contract having been entered into for that office; or

(b) the member is removed from that office or is dismissed from the teaching service or has his or her services dispensed with under this Act or the Public Sector Management Act 1992; or

(c) the member retires or resigns in writing addressed to the Director.

(2) This section does not affect any other provision by or under which a member of the Principal Class vacates his or her office.

* * * * *


s. 27

S. 27(1)(b) amended by No. 22/1996 s. 27(f).

S. 28 inserted by No. 96/1993 s. 6, repealed by No. 120/1994 s. 55(3).

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31 AB-15/6/98

29. Contracts prevail in certain circumstances

If a member of the Principal Class enters into a contract of employment, the contract prevails to the extent of any inconsistency between—

(a) the contract and sections 34 to 40;

(b) the contract and any Ministerial Order except a Ministerial Order specifying remuneration packages.

30. Certain legal proceedings excluded

(1) Proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief do not lie in respect of the appointment of, or failure to appoint, a person to an office in the Principal Class, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.

(2) This section does not prevent a person applying to a court for review of a decision relating to the employment of a member of the Principal Class other than in relation to a matter referred to in sub-section (1).

31. Part 4 of Public Sector Management Act not to apply

Nothing in Part 4 of the Public Sector Management Act 1992 applies to an office in the Principal Class declared under this Act or to a member of the Principal Class.

* * * * *


s. 29

New s. 30 inserted by No. 96/1993 s. 6.

New s. 31 inserted by No. 96/1993 s. 6.

Pt 3 Divs 2A–2D (Headings and ss 30–33N) inserted by No. 10029 s. 9(1), repealed by No. 94/1987 s. 4(4).

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* * * * *

Division 3—Leave and Other Entitlements

34. Leave of absence for recreation or illness

(1) Every officer and employee shall be entitled in accordance with a ministerial order to leave of absence for recreation and family reasons and in the case of illness or other pressing necessity.

(2) A ministerial order relating to such leave of absence may provide that service in any office in the service of the State of Victoria or of any other State or of the Commonwealth of Australia or in any government office or with any specified public statutory body shall to the extent determined be taken into account in computing periods of service for the purposes thereof.

(3) Where an officer or employee dies and at the time of his death he was entitled to any leave of absence for recreation in respect of either the year in which he died or the previous year or both such years there shall in accordance with a ministerial order be paid to his legal personal representative such amount as would have been payable to the officer or employee by way of salary wages or other emolument in respect of the period of the

Pt 3 Div. 2E (Heading and ss 33O–33Q) inserted by No. 10029 s. 9(1) (as amended by No. 10065 s. 11(a)), repealed by 94/1987 s. 4(4).

s. 34

S. 34(1) amended by Nos 10029 s. 10(1)(a)(i)(ii), 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

S. 34(2) amended by Nos 10029 s. 10(1)(b) (i)–(iii), 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.6).

S. 34(3) amended by Nos 10029 s. 10(1)(c), 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

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leave had he commenced taking the leave on the day after his death and not died until the expiration of the period of the leave.

35. Extended leave

(1) The Chief General Manager may in accordance with a ministerial order grant to any officer for special reasons leave of absence for any period not exceeding twelve months or such other maximum period as may be specified in a ministerial order subject to such terms and conditions as may be specified in a ministerial order or as the Chief General Manager thinks fit in any particular case.

(2) Unless the Chief General Manager is satisfied that the officer proposes to engage in any special activities which have significance to the State of Victoria or to the teaching service generally the period during which an officer is absent on leave granted pursuant to this section shall not be included as part of that officer's period of service in determining his seniority for the purposes of this Act.

36. Leave of absence for employment, studies etc.

(1) The Chief General Manager may on the application of an officer or employee grant in accordance with a ministerial order to the officer or employee leave of absence with or without pay and subject to such other terms and conditions as he thinks fit in any particular case for the purposes of enabling the officer or employee—

s. 35

S. 35(1) substituted by No. 10029 s. 10(2)(a), amended by Nos 94/1987 s. 5(1)(f), 73/1991 s. 6(1)(b), 82/1994 s. 13(Sch. 2 item 8.5).

S. 35(2) amended by Nos 10029 s. 10(2)(b), 73/1991 s. 6(1)(b).

S. 36(1) amended by Nos 10029 s. 10(3)(a)(i)(ii), 94/1987 s. 5(1)(f), 73/1991 s. 6(1)(b), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

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(a) to pursue a course of studies or training or to undertake research which in the opinion of the Chief General Manager would improve the potential of the officer or employee to serve the State in the teaching service;

(b) to engage in employment with the Commonwealth or any State or Territory of the Commonwealth or any public statutory body constituted under the law of the Commonwealth or a State or Territory of the Commonwealth including any university or educational institution offering courses at tertiary level;

(c) to engage in any other employment or occupation which in the opinion of the Chief General Manager would improve the potential of the officer or employee to serve the State in the teaching service;

(d) to engage in employment in connexion with any joint enterprise in which the Commonwealth or a State or Territory of the Commonwealth is concerned; or

(e) to engage in employment in or in connexion with any other enterprise to which the State has agreed to provide assistance—

for such period as the Chief General Manager thinks fit but the Chief General Manager shall not grant leave of absence under paragraphs (b), (c) or (d) without the approval of the Minister.

(2) If in the opinion of the Chief General Manager it is necessary to fill the office of an officer who is granted leave under this section the Chief General Manager may declare the office to be vacant and

S. 36(1)(a) amended by Nos 10029 s. 10(3)(b), 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

S. 36(1)(c) amended by Nos 10029 s. 10(3)(b), 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

s. 36

S. 36(2) amended by No. 73/1991 s. 6(1)(b).

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thereupon the officer shall be deemed to be an unattached officer.

(3) In determining the seniority of any such officer the period during which he is absent on leave granted pursuant to this section shall be included as part of that officer's period of service where such leave is granted for the purpose of acquiring any qualification or studying any subject or gaining any experience which in the opinion of the Chief General Manager is likely to increase the efficiency of the officer in the performance of his duties in the teaching service.

37. Long service leave

(1) Every officer and employee in the teaching service who has served for ten years shall be entitled in accordance with a ministerial order to be granted by the Chief General Manager three months' long service leave with pay in respect of that period of ten years' service and one and a half months' long service leave with pay in respect of each additional period of five years' completed service.

(2) Where an officer or employee in the teaching service is by virtue of sub-section (1) entitled to a period of long service leave with pay, the Chief General Manager in his discretion may, at the request of the officer or employee, allow the officer or employee to take the whole or any part of the long service leave at half pay for a period equal to twice the whole or part, as the case may be, of the period to which he is so entitled.


s. 37

S. 37(1) amended by Nos 10029 s. 10(4)(a)(c), 94/1987 s. 5(1)(f), 73/1991 s. 6(1)(b), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

S. 37(2) amended by Nos 10029 s. 10(4)(c), 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

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(3) Where—

(a) on account of age or ill-health—

(i) an officer retires; or

(ii) the services of an employee are terminated; or

(b) an officer or employee dies—

that officer or employee shall in accordance with a ministerial order be entitled, or (in the case of death) shall be deemed to have been entitled, to be granted by the Chief General Manager—

where the period of service is not less than four years but less than ten years, then in respect of the period of service;

where the period of service is more than ten years, then (in addition to any entitlement under sub-section (1)) in respect of any part of the period of service which does not give rise to any entitlement under sub-section (1)—

such amount of long service leave with pay as equals one-fortieth of the period of service.

(4) The Chief General Manager shall have discretion as to the time of granting any leave under this section so that the teaching service will not be unduly affected by the granting of such leave to numbers of officers or employees at or about the

S. 37(3) amended by Nos 10029 s. 10(4)(a), 94/1987 s. 5(1)(f), 73/1991 s. 6(1)(b), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

S. 37(3)(a)(ii) amended by No. 22/1996 s. 27(l).

S. 37(3)(b) amended by No. 22/1996 s. 27(l).

s. 37

S. 37(4) amended by Nos 10029 s. 10(4)(c), 73/1991 s. 6(1)(b), 22/1996 s. 27(m).

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same time.

(5) Where on account of age or ill-health—

(a) an officer retires; or

(b) the services of an employee are terminated—

that officer or employee may by notice in writing to the Chief General Manager elect to take pay in lieu of the whole or any part of any such leave to which he is then entitled and the Chief General Manager shall grant him pay in lieu thereof accordingly.

(6) Where an officer or employee entitled to any such leave or to pay in lieu thereof dies before or while taking such leave or (as the case may be) before such pay in lieu is paid the Minister shall to the extent that pay in lieu thereof has not already been paid to that officer or employee grant pay in lieu of the whole or part of the leave not taken or (as the case may be) grant the pay in lieu to the legal personal representative of the deceased officer or employee.

(7) For the purposes of this section and section 38 any person holding any government office or an office in the service of a prescribed public statutory body which upon a recommendation of the Minister is certified by Order of the Governor in Council to be an office substantially similar to an office in the teaching service shall be deemed to be an officer in the teaching service.

(8) A person may be deemed to be an officer in the teaching service pursuant to sub-section (7) notwithstanding that by virtue of any enactment (whether passed before or after this sub-section becomes law) he, as the holder of a government

S. 37(5) amended by No. 22/1996 s. 27(l).

S. 37(5)(b) amended by No. 22/1996 s. 27(l).

s. 37

S. 37(6) amended by No. 22/1996 s. 27(l).

S. 37(7) amended by No. 10029 s. 10(4)(c).

S. 37(8) amended by No. 10029 s. 10(4)(c).

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office or office in the service of a public statutory body (as the case may be), is not subject to this Act.

(9) The nature of the service and the computation of the period of service which entitled officers and employees to be granted long service leave and the method of computing pay under this section shall be as specified in a ministerial order and, without affecting the generality of the foregoing, a ministerial order may provide that any service—

(a) in any government office (whether an office in the government of Victoria or of another State or of the Commonwealth); or

(b) with any specified authority, institution or similar body, whether in Victoria or elsewhere—

shall, or shall in certain circumstances, be taken into account, entirely or to a certain extent in computing the period of service.

(10) In the computation of the period of long service leave or pay in lieu thereof to which any officer or employee is entitled under this section there shall be taken into account any long service leave or pay in lieu thereof already granted to him.

(11) For the purposes of this section the services of an employee shall be deemed to be terminated—

(a) on account of age—if on or after attaining the age of 55 years he ceases to be an employee;

S. 37(9) amended by Nos 10029 s. 10(4)(b)(i)(ii), 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(m).

s. 37

S. 37(10) amended by No. 22/1996 s. 27(l).

S. 37(11) amended by No. 22/1996 s. 27(l).

S. 37(11)(a) amended by Nos 10258 s. 7(5)(b), 22/1996 s. 27(l).

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(b) on account of ill-health—if he produces to the Chief General Manager satisfactory evidence that his ceasing to be an employee is due to ill-health which is likely to be permanent.

38. Payment in lieu of long service leave to officer or employee in certain circumstances on his resignation or dismissal

Notwithstanding anything in section 37 where—

(a) an officer with service amounting to not less than ten years resigns or is dismissed or has his services dispensed with; or

(b) an employee with service amounting to not less than ten years resigns or for any reason other than age or ill-health has his service terminated—

the Chief General Manager, on the written application of the officer or employee shall, in lieu of long service leave with pay, grant the payment to the officer or employee of a sum calculated by the Chief General Manager in accordance with a ministerial order or, where a ministerial order does not provide for a calculation for the purposes of this section, a sum calculated by the Chief General Manager which shall not in such a case exceed a sum representing pay for service equal to one-fortieth of the period of service:

Provided that no such payment shall be made for any part of the period of service in respect of which long service leave with pay or pay in lieu thereof has been taken by the officer or employee.

39. Retiring gratuities

S. 37(11)(b) amended by Nos 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

S. 38 amended by Nos 10029 s. 10(5), 94/1987 s. 5(1)(f), 73/1991 s. 6(1)(b), 82/1994 s. 13(Sch. 2 items 8.5, 8.7), 22/1996 s. 27(l).

s. 38

S. 38(b) amended by No. 22/1996 s. 27(l).

S. 38 Proviso amended by No. 22/1996 s. 27(l).

s. 39

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(1) Where an employee who has served for five years—

(a) dies; or

(b) has his service terminated on account of age or ill-health—

the employee or his legal personal representative (as the case may be) shall be entitled in accordance with a ministerial order to be paid a retiring gratuity of an amount calculated in accordance with a ministerial order.

(2) The nature of the service and the computation of service which entitles employees to be granted retiring gratuities shall be as specified in a ministerial order.

(2A) Without affecting the generality of sub-section (2), a ministerial order may provide that service in a government office or a public statutory body shall to the extent determined be taken into account in computing the period of service which entitles employees to be granted retiring gratuities.

(3) In the computation of the retiring gratuity to which an employee is entitled there shall be taken into account any retiring gratuity already paid to him in respect of his service.

(4) For the purposes of this section, the services of an employee shall be deemed to be terminated—

S. 39(1) amended by Nos 10029 s. 10(6)(a), 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.5), 22/1996 s. 27(l).

S. 39(2) substituted by Nos 10029 s. 10(6)(b), 94/1987 s. 5(1)(f), amended by No. 82/1994 s. 13(Sch. 2 item 8.5).

S. 39(2A) inserted by No. 10029 s. 10(6)(b), amended by Nos 94/1987 s. 5(1)(f), 82/1994 s. 13(Sch. 2 item 8.5).

S. 39(3) amended by No. 22/1996 s. 27(l).

S. 39(4) amended by No. 22/1996 s. 27(l).

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(a) on account of age—if on or after attaining the age of 55 years he ceases to be an employee otherwise than by dismissal because of unsatisfactory service;

(b) on account of ill-health—if he produces to the Chief General Manager satisfactory evidence that his ceasing to be an employee is due to ill-health which is likely to be permanent and is not due to misconduct or to causes within his own control.

(5) This section does not apply to an employee who—

(a) pursuant to the provisions of the State Employees Retirement Benefits Act 1979 is required to contribute to or is deemed to be a contributor to the State Employees Retirement Benefits Fund; and

(b) on or after the commencement of the State Employees Retirement Benefits (Eligibility) Act 1980 dies or has his services terminated on account of age or ill-health within the meaning of this section.

40. Officers engaged in work of a higher or lower class or grade

(1) No officer or employee shall for a period longer than three months be assigned to act in an office or position of a class or grade higher than that which he holds unless the Chief General Manager has consented to such assignment for a longer period.

(2) If an officer or employee is so assigned for a period longer than one week the Chief General Manager shall grant to the officer or employee an appropriate allowance as determined by the Minister in respect of such an assignment and, subject to sub-section (1), an allowance so granted

S. 39(4)(a) amended by Nos 10258 s. 7(5)(c), 22/1996 s. 27(l). S. 39(4)(b) amended by Nos 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

S. 39(5) amended by No. 22/1996 s. 27(l).

s. 40

S. 40(1) amended by No. 22/1996 s. 27(g)(l).

S. 40(2) amended by Nos 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

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shall for the purposes of this Act be deemed to be an allowance authorized by the Minister.

(3) If any officer or employee is performing work classified by the Minister in a lower class or grade than that corresponding to the officer's or employee's classification such officer shall be transferred as soon as practicable to some other office or position corresponding with his classification.

41. Gratuity and other remuneration

(1) The Chief General Manager may if he thinks fit certify that any officer or employee in the teaching service is entitled to a gratuity in respect of definite special work performed by that officer or employee, but no gratuity shall be paid upon that certificate without the authority of the Minister.

(2) No remuneration (not being a gratuity to which sub-section (1) applies or remuneration payable pursuant to this Act) shall be paid to any officer or employee in the teaching service in respect of any work or duties performed for or on behalf of the Crown or as Government representative on any body unless before he commences such work or duties—

(a) the Minister is fully informed of the nature and extent thereof and the proposed remuneration thereof; and

(b) the Premier after considering any report thereon by the Minister signifies his approval.

42. Rent charged to officers and employees residing in Government buildings

S. 40(3) amended by No. 22/1996 s. 27(l)(n).

s. 41

S. 41(1) amended by Nos 10029 s. 10(7), 73/1991 s. 6(1)(b), 22/1996 s. 27(l).

S. 41(2) amended by Nos 10029 s. 10(7), 22/1996 s. 27(l).

s. 42

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(1) If any officer or employee is allowed to use for the purpose of residence any building belonging to the State (other than a building belonging to the Government Employee Housing Authority), the Minister may determine that a fair and reasonable sum as rent thereof be deducted from the salary or wages of the officer or employee and the amount of such sum shall be determined by the Minister.

(2) If an officer or employee is allowed to use for the purpose of residence a building belonging to the Government Employee Housing Authority, the Minister may determine that the rent thereof shall be deducted from the salary or wages of the officer or employee.

43. Officers not to engage in duties unconnected with office

(1) Except with the express permission of the Minister given on the recommendation of the Chief General Manager no officer shall—

(a) accept or continue to hold or discharge the duties of or be employed in any paid office in connexion with any banking insurance mining mercantile or other commercial business (whether the same is carried on by any corporation company firm or individual);

(b) by himself engage in or undertake any business whether as principal or agent;

(c) engage or continue in the private practice of any profession trade or calling;

(d) accept or continue to hold any office in or under any corporation other than an office of councillor of a municipal council or an office of a municipal council or other corporation

S. 42(1) amended by No. 22/1996 s. 27(l).

S. 42(2) amended by No. 22/1996 s. 27(l).

S. 43(1) amended by No. 73/1991 s. 6(1)(b).

S. 43(1)(d) amended by No. 12/1989 s. 4(1)(Sch. 2 Item 119.1).

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which may only be held by a councillor of a municipal council;

(e) accept or engage in any employment other than in connexion with the duties of his office or offices under this Act:

Provided that nothing in the foregoing provisions of this section shall be deemed to prevent any officer from becoming a member only of any incorporated company or of any company or society of persons registered under any Act of Parliament.

(2) Any permission given under this section may be withdrawn by the Minister by notice in writing given to the officer.

44. Saving of rights of officers holding Government office

(1) Where a person ceases to hold a Government office and that person—

(a) was immediately before his appointment to a Government office an officer in the teaching service; and

(b) has continuously held a Government office since he ceased to be an officer in the teaching service—

he shall, unless he is of or over the age of 65 years, be entitled to be re-appointed by the Chief General Manager to some office in the teaching service with a classification and emoluments corresponding with or higher than those he enjoyed in the office in the teaching service which he last held as if his service in the Government office or Government offices has been service in the teaching service.

s. 44


S. 44(1)(a) amended by No. 10029 s. 10(8).

S. 44(1)(b) amended by No. 10029 s. 10(8).

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(2) Where a person ceases to hold a Government office that has been prescribed as an office to which this sub-section applies and that person—

(a) was immediately before his appointment to that Government office an officer in the teaching service of the Commonwealth or of any State or Territory of the Commonwealth; and

(b) has continuously held that Government office since he ceased to be an officer in that teaching service—

he shall, unless he is of or over the age of 65 years, be entitled to be appointed by the Chief General Manager to some office in the teaching service of Victoria with a classification and emoluments corresponding with or higher than those he enjoyed in the office which he held immediately before his appointment to that Government office.

(3) In determining the classification and emoluments of the office in the teaching service to which a person is to be appointed pursuant to sub-section (2) the Chief General Manager shall have regard to his service in the Government office.

(4) Nothing in this or any other Act regulating or restricting the appointment of persons to offices in the teaching service shall apply to appointments made by the Chief General Manager pursuant to this section.

45. Incapacitated officers4


S. 44(2)(a) amended by No. 10029 s. 10(8).

S. 44(2)(b) amended by No. 10029 s. 10(8).

s. 44



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(1) The Chief General Manager may on the application of an officer or in any other case inquire into the fitness, capacity and efficiency of an officer to discharge the duties of his office.

(1A) 5In considering on an inquiry under this section the fitness of an officer to discharge duties, consideration is not limited to his or her physical fitness but may also be given to any other relevant matters including his or her character and any conduct in which he or she has engaged (whether before or after becoming an officer and whether before or after the commencement of section 93 of the Miscellaneous Acts (Further Omnibus Amendments) Act 1996) and references in this section to fitness must be construed accordingly.

(2) In connexion with any such inquiry the Chief General Manager may require the officer to submit himself for examination by a medical officer approved by the Director and may constitute a Board of Review to investigate and report to the Chief General Manager.

(3) If the Chief General Manager is satisfied that the officer is unable or unfit to discharge or incapable of efficiently discharging the duties of the office, is not discharging the duties of office efficiently or satisfactorily, is not qualified temperamentally or otherwise for the efficient and satisfactory performance of the duties of office or is inefficient in the prompt and effective discharge of the duties of the office, the Chief General Manager may—

(a) reduce the officer to a lower class or grade;

S. 45(1) amended by Nos 10029 s. 10(9)(a), 73/1991 s. 6(1)(b), 44/1993 s. 5(a). S. 45(1A) inserted by No. 73/1996 s. 93.

S. 45(2) amended by Nos 73/1991 s. 6(1)(b), 44/1993 s. 5(b).

s. 45

S. 45(3) amended by Nos 10029 s. 10(9)(b)(i), 73/1991 s. 6(1)(b), 44/1993 s. 5(c).

S. 45(3)(a) repealed by No. 10029 s. 10(9)(b)(ii), new s. 45(3)(a) inserted by No. 44/1993 s. 5(d).

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(b) transfer the officer to another office;

(c) approve of the officer retiring on the ground of ill-health;

(d) call upon the officer to retire from the teaching service within a time to be specified; or

(e) dispense with the services of the officer.

(4) If an officer so called upon to retire does not retire within the time so specified, the Chief General Manager may dispense with his services.

(5) Where the Chief General Manager dispenses with the services of the officer pursuant to the powers contained in this section he may direct that for the purposes of section 37 the officer shall be deemed to have retired on account of ill-health.

(6) Where the Chief General Manager takes any action under this section in relation to a person, that person may in accordance with the regulations appeal to a Merit Protection Board.

(7) The Merit Protection Board shall hear and determine the appeal and may allow or dismiss the appeal.

46. Retirement

S. 45(3)(d) amended by No. 10029 s. 10(9)(b)(iii).

S. 45(3)(e) repealed by No. 10029 s. 10(9)(b)(ii), new s. 45(3)(e) inserted by No. 44/1993 s. 5(e).

s. 45

S. 45(4) amended by No. 73/1991 s. 6(1)(b).

S. 45(5) amended by No. 73/1991 s. 6(1)(b).

S. 45(6) amended by Nos 10029 s. 10(9)(c)(i)(ii), 73/1991 s. 6(1)(b), 44/1993 s. 18(c)(i).

S. 45(7) amended by Nos 10029 s. 10(9)(d) (as amended by No. 10065 s. 11(b)(i)(ii)), 44/1993 s. 18(c)(ii).

s. 46

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(1) Every officer in the teaching service who has attained the age of 55 years shall be entitled, if he desires so to do, to retire from the teaching service.

* * * * *

* * * * *

47. Absence from duty

(1) An officer of the teaching service who is absent from duty for a period of three months (including school holidays) otherwise than on leave granted under this or any other Act shall forthwith cease to be an officer of the teaching service.

(2) Where a person ceases to be an officer of the teaching service by virtue of this section, he may at any time after ceasing to be an officer thereof apply in writing to the Chief General Manager to be reinstated, and if the Chief General Manager directs in writing that he be reinstated, he shall be deemed not to have ceased to be an officer thereof.

S. 46(1) amended by Nos 10029 s. 10(8), 10258 s. 7(5)(d), 42/1995 s. 224(Sch. 2 item 40(a)). S. 46(2) amended by Nos 10029 s. 10(8), 73/1991 s. 6(1)(b), repealed by No. 42/1995 s. 224(Sch. 2 item 40(b)).

S. 46(3)(4) amended by No. 10029 s. 10(8), repealed by No. 42/1995 s. 224(Sch. 2 item 40(b)).

S. 47(1) amended by No. 10029 s. 10(10)(b).

S. 47(2) amended by Nos 10029 s. 10(10)(a)(b), 73/1991 s. 6(1)(b).

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48. Evidence

The provisions of sections 14, 15 and 16 of the Evidence Act 1958 shall apply to and in relation to any investigation or proceedings which the Minister, Chief General Manager, the delegate of the Minister or Chief General Manager, or a Merit Protection Board is authorized to conduct under this Act as if the Minister, Chief General Manager, delegate or Merit Protection Board were a Board appointed by the Governor in Council.

49. Fines to be stopped from salary

The Treasurer of Victoria on receiving notice of any pecuniary penalty imposed under the authority of this Act shall deduct the amount thereof from the salary of the officer incurring the penalty or from any payment made by him on account of salary to the officer incurring the penalty.

50. Oath of public offices

Where an oath of office is required to be taken by persons who accept any office or place in the teaching service of Victoria the oath shall be taken in the prescribed form.

51. Changes in offices and powers and duties

(1) The Director may by notice declare that any new office has been created in place of any other office that has been abolished.

(2) The Director may by notice declare that the title of any office has been changed to a title specified in the notice.

S. 48 amended by Nos 10029 s. 10(11), 94/1987 s. 5(1)(g)(i)(ii), 73/1991 s. 6(1)(b), 44/1993 s. 18(d)(i)(ii).

s. 48

S. 50 amended by No. 10029 s. 10(12).

S. 51(1) amended by Nos 44/1993 s. 18(e), 96/1993 s. 13(3)(a). S. 51(2) amended by Nos 73/1991 s. 6(1)(b), 44/1993 s. 18(e), 96/1993 s. 13(3)(b).

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(3) Where in or by any Act of Parliament Order in Council rule regulation by-law contract or agreement any duty obligation right or power is imposed or conferred upon any officer in the teaching service in his capacity as such officer and—

(a) the office concerned is abolished and the Director declares by notice under this section that a new office has been created in its place; or

(b) the title of the office is declared to have been changed by notice under this section—

the duty obligation right or power shall be deemed to have been imposed or conferred upon the officer holding the new office or the office designated by the new title (as the case may be) in his capacity as such officer.

* * * * *

S. 51(3) amended by Nos 73/1991 s. 6(1)(c), 96/1993 s. 13(3)(c).

s. 51

S. 52 amended by Nos 10029 s. 10(12), 12/1989 s. 4(1)(Sch. 2 Item 119.2), 73/1991 s. 6(1)(d), 68/1992 s. 114(Sch. 7 Item 3), 44/1993 s. 18(f), repealed by No. 119/1993 s. 14(1).

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53. No claim for compensation if salary reduced or services dispensed with

No officer in the teaching service shall be deemed to be entitled to any compensation by reason of any reduction of his salary or in consequence of his services being dispensed with or of his being dismissed in accordance with the provisions of a ministerial order or this Act.

__________________

S. 53 amended by Nos 10029 s. 10(12), 94/1987 s. 5(1)(h), 73/1991 s. 6(1)(e), 82/1994 s. 13(Sch. 2 item 8.5).

s. 53

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PART IV—TRANSFERS, PROMOTIONS, APPEALS

Division 1—Transfers Between Teaching Service and Public Service

54. Transfer etc. from teaching service to public service

For the purposes of a transfer or promotion to an office within the public service an officer in the teaching service shall be deemed to be an officer in the public service having such designation corresponding to that of an office in the public service as the Public Service Commissioner determines to be appropriate to his duties.

55. Transfer etc. from public service to teaching service

For the purposes of a transfer or promotion to an office within the teaching service an officer in the public service shall be deemed to be an officer in the teaching service having such designation corresponding to that of an office in the teaching service as the Minister determines to be appropriate to his duties.

56. Rights under Public Service Act 1974 preserved

Where any officer who immediately prior to his appointment under this Act was an officer in the public service is appointed to an office in the teaching service, the rights under the Public Service Act 1974 which the officer preserves or retains are hereby declared to be the rights in respect of—

(a) leave on the ground of illness; and

Pt 4 Div. 1 (Heading) amended by No. 10029 s. 11(1).

S. 54 amended by Nos 10029 s. 11(2)(5), 22/1996 s. 27(h).

s. 54

S. 55 amended by No. 10029 s. 11(3)(5).

S. 56 amended by No. 10029 s. 11(4) (as amended by No. 73/1991 s. 7(1)(a)).

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(b) long service leave or pay in lieu thereof (including pay to dependants on the death of the officer)—

to which from time to time he would be entitled if he had remained an officer of the public service and had not been employed within the meaning of this Act.

57. Rights under this Act preserved

Where any officer who immediately prior to his appointment to the public service was an officer in the teaching service, is appointed to an office in the public service, the rights under this Act which the officer preserves or retains are hereby declared to be the rights in respect of—

(a) leave on the ground of illness; and

(b) long service leave or pay in lieu thereof (including pay to dependants on the death of the officer)—

to which from time to time he would be entitled if he had remained an officer of the teaching service and had not been appointed to the public service.

Division 2—Transfers and Promotions within the Teaching Service

58. Transfers and promotions

(1) A ministerial order may specify the qualifications or experience necessary for appointment, promotion or transfer to any office or class or grade of office.

S. 57 amended by No. 10029 s. 11(5).

s. 57

Pt 4 Div. 2 (Heading) amended by No. 10029 s. 12(1).

S. 58(1) amended by Nos 10029 s. 12(2), 94/1987 s. 5(1)(f), 44/1993 s. 18(g), 82/1994 s. 13(Sch. 2 item 8.6).

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(2) An officer shall not be qualified to be promoted or transferred to an office unless he would be eligible to be appointed to that office.

(3) Where an office in the teaching service is vacant or is about to become vacant the Chief General Manager may cause notice of the vacancy in the office to be given or he may transfer, assign for a specified period, or promote a qualified person to fill the vacancy.

* * * * *

59. Advertisement of teaching vacancies

Where there occurs in any school a vacancy the filling of which may involve appointment to a permanent position as teacher or member of the Principal Class the vacancy shall be advertised.

* * * * *

S. 58(3) amended by No. 73/1991 s. 6(b)(f).

S. 58A inserted by No. 10065 s. 4(1), amended by No. 94/1987 s. 5(1)(i)(j), repealed by No. 73/1991 s. 3.6

S. 59 amended by Nos 10065 s. 4(2), 44/1993 s. 18(h), 96/1993 s. 7.

s. 59

S. 60 amended by Nos 10029 s. 12(3)(a)(c) (as amended by No. 94/1987 s. 10(b)), 10258 s. 7(5)(e), 94/1987 s. 10(a), 73/1991 s. 6(1)(b), 83/1992 s. 184 (Sch. 6 Item 21.3), repealed by No. 44/1993 s. 8(1).7

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61. Director to consider recommendation of school council etc.

(1) In the case of a vacancy in the office of principal8 in a school, the Director shall in the manner decided by the Minister take into account the recommendation of the school council of the school or, where there is no school council, the recommendation of a committee approved by the Minister as representing the local community, when deciding whom to appoint to fill the vacancy.

(2) In making a recommendation for the purposes of sub-section (1), the school council or committee (as the case may be) shall proceed in the manner decided by the Minister.

* * * * *

62. Transfer or promotion to a vacant office

(1) Where an officer is transferred or promoted to an office which is about to become vacant, the transfer or promotion shall not take effect unless the office becomes vacant by the date specified in the notice of the transfer or provisional promotion.


s. 61

S. 61(1) amended by Nos 44/1993 s. 18(i) 96/1993 s. 7, 22/1996 s. 24(1).

S. 61A inserted by No. 77/1990 s. 5, amended by Nos 83/1992 s. 184(Sch. 6 item 21.3), 44/1993 s. 18(i), repealed by No. 22/1996 s. 25.

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(2) Where an office is vacant or is about to become vacant and the Chief General Manager is satisfied that there is no available officer who is capable of filling the vacancy satisfactorily, he may take steps to fill the vacancy under Division 3 of Part II.

(3) Where the Chief General Manager selects an officer for promotion to a vacant office the officer shall be entitled to decline the promotion if he satisfies the Chief General Manager that there are special circumstances which make it reasonable for him to decline the promotion.

(4) Where the Chief General Manager refuses an officer permission to decline a promotion the officer may appeal to the Minister whose decision shall be final.

(5) Any transfer or promotion made in pursuance of this Division shall be provisional and shall be notified in the prescribed manner and shall be subject to appeal or review as provided in Division 3 and shall not have effect pending confirmation of the transfer or promotion.

(6) A provisional promotion may at any time before it has been confirmed be cancelled by the Chief General Manager if he is of the opinion that the office is redundant or that where the vacancy was notified it was not notified in the prescribed manner or that there is an unattached officer available to fill the vacancy.

(7) Notwithstanding anything in this Act, the Chief General Manager may at any time cancel a promotion or transfer if he is satisfied that the person promoted or transferred does not possess the qualifications necessary for the office.

S. 62(2) amended by Nos 10029 s. 12(5)(a) (as amended by No. 10065 s. 11(e)), 73/1991 s. 6(1)(b).

S. 62(3) amended by No. 73/1991 s. 6(1)(b).

S. 62(4) amended by No. 73/1991 s. 6(1)(b).

s. 62

S. 62(5) amended by Nos 10029 s. 13(4) (as amended by No. 10065 s. 11(e)), 10065 s. 7(2).

S. 62(6) amended by No. 73/1991 s. 6(1)(b).


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(8) Where the Chief General Manager has cancelled a promotion or transfer under sub-section (7) the person concerned may in accordance with the regulations appeal to a Merit Protection Board.

(9) The Merit Protection Board shall hear and determine the appeal and may allow or dismiss the appeal and the Chief General Manager shall give effect to the determination.

62A. Term of office

(1) An officer may be appointed under this Division to an office for a specified term not exceeding five years.

(2) An appointment under this section may be renewed for successive terms not exceeding five years each.

(3) Upon the expiration of the term of an appointment under this section, the officer so appointed shall unless the appointment is renewed under sub-section (2) or he is appointed to another office become an unattached officer.

62B. Appointment of members of the Principal Class9

An appointment under this Division to an office in the Principal Class must be made pursuant to a contract of employment under Division 2 of Part III.

S. 62(8) amended by Nos 10029 s. 12(5)(c), 73/1991 s. 6(1)(b), 44/1993 s. 18(j).

S. 62(9) amended by Nos 10029 s. 12(5)(d), 73/1991 s. 6(1)(b), 44/1993 s. 18(k).


s. 62A

S. 62A(1) amended by Nos 10065 s. 10(c), 96/1993 s. 7, 22/1996 s. 26.

S. 62B inserted by No. 77/1990 s. 4, substituted by No. 96/1993 s. 8.

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* * * * *

* * * * *

Division 3—Appeals

64. Merit Protection Boards

(1) There shall be established one or more Boards to be known as Merit Protection Boards.

(2) The functions of the Boards are—

(a) to advise the Minister about principles of merit and equity to be applied in the teaching service;

(b) to hear reviews and appeals in relation to decisions made under this or any other Act;

(c) to advise the Minister or the Director about any matter referred to them by the Minister or the Director relating to merit and equity in the teaching service.

(d) to hear reviews and appeals in relation to any decision prescribed by the regulations to be a decision in respect of which there is a right of review by or appeal to a Merit Protection Board.

S. 62C inserted by No. 77/1990 s. 4, repealed by No. 96/1993 s. 8.

S. 63 amended by Nos 10029 s. 12(7) (as amended by No. 94/1987 s. 10(c)), 73/1991 s. 6(1)(b), repealed by No. 44/1993 s. 19.

S. 64 amended by Nos 9788 s. 2(a), 10029 s. 13(1) (as amended by No. 10065 ss 7(4), 11(d)), 10065 ss 6(1), 7(3)(e)–(f), 21/1987 s. 12(1), 94/1987 s. 5(1)(k)(n), 73/1991 ss 4(1)(2), 6(1)(b), 83/1992 s. 184(Sch. 6 item 21.3), substituted by No. 44/1993 s. 4.

s. 64

S. 64(2)(d) inserted by No. 96/1993 s. 16.

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64AA. Membership of Boards

(1) A Merit Protection Board shall consist of 3 members appointed by the Governor in Council of whom—

(a) one shall be the chairperson nominated by the Minister;

(b) one shall be a person nominated by the Director of School Education;

(c) one shall be a person representing teachers nominated by the Standards Council of the Teaching Profession after the Council has called for expressions of interest from teachers.

(2) The Governor in Council shall appoint one of the chairpersons to be the senior chairperson of the Merit Protection Boards.

(3) An appointment as member is for the term, not exceeding 3 years, specified in the instrument of appointment but a member is eligible for re-appointment.

(4) A member may resign from office by sending to the Governor a signed letter of resignation.

(5) The Governor in Council may at any time remove a member of the Board from office.

64AB. Terms and conditions of appointment

(1) A member is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.

(2) A member is entitled to the remuneration and allowances (if any) fixed in respect of him or her from time to time by the Minister.

S. 64AA inserted by No. 44/1993 s. 4.

s. 64AA

S. 64AB inserted by No. 44/1993 s. 4.

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64AC. Acting appointments

(1) The Minister may appoint a person to act in the place of a member who is absent or who is, for any other reason, unable to perform the duties of the office.

(2) A person appointed under sub-section (1)—

(a) has all the powers and may perform all the functions and duties of the member for whom he or she is acting;

(b) is entitled to the remuneration and allowances (if any) to which the member for whom he or she is acting would have been entitled for performing those duties;

(c) subject to this section, is subject to the same terms and conditions of appointment as the member for whom he or she is acting.

64AD. Allocation of work amongst the Boards

The senior chairperson is to determine—

(a) the allocation of business to the Boards; and

(b) which Board is to hear a review or appeal.

64AE. Oath of office

A member of a Merit Protection Board must take an oath in or to the effect of the oath in the Schedule before serving as a member of the Board.

64AF. Decisions of Board

(1) A decision of the majority of members of a Merit Protection Board in relation to an appeal or review is to be treated as the decision of the Board.

(2) A Merit Protection Board must not refuse to hear an appellant or applicant except by a unanimous decision.

S. 64AC inserted by No. 44/1993 s. 4.

s. 64AC

S. 64AD inserted by No. 44/1993 s. 4.

S. 64AE inserted by No. 44/1993 s. 4.

S. 64AF inserted by No. 44/1993 s. 4.

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64AG. Reviews10

(1) An officer who considers that in accordance with this Division or any ministerial order that he or she has a better claim to be transferred or promoted to a vacant office in the teaching service, other than an office to which section 64A applies, than the officer provisionally transferred or promoted to that office, may, subject to and in accordance with the regulations, apply for a review of that provisional transfer or promotion.

(2) Subject to any ministerial order, the only grounds of review are that the procedures followed by the person or body in making a recommendation to the Director in relation to whom to appoint to fill the vacant office were not in accordance with the procedures decided by the Minister.

(3) A Merit Protection Board must review the provisional transfer or promotion and may—

(a) if it is satisfied that the grounds for review have been established, make an order requiring the person or body which made the recommendation to the Director to reconsider the provisional transfer or promotion; or

(b) make an order that the provisional transfer or promotion may be confirmed.

(4) If, after an order under sub-section (3)(a) has been complied with, the Director makes the same decision as to whom to appoint to the vacant office, a Merit Protection Board must further review the provisional transfer or promotion and may—

(a) if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or

S. 64AG inserted by No. 44/1993 s. 20(1).

s. 64AG

S. 64AG(2) amended by No. 22/1996 s. 27(i).

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promotion, make an order requiring that the vacant office be advertised again under section 59; or


64AH. Determination of Board

(1) A Merit Protection Board must, subject to and in accordance with the regulations, inquire into and determine the claims of an applicant under section 64AG or 64A and those of the officer provisionally transferred or promoted.

(2) If a Merit Protection Board makes an order under section 64AG or 64A that a provisional transfer or promotion may be confirmed the Director must confirm the provisional transfer or promotion.

(3) If no application for review is lodged within 14 days after the publication of the provisional appointment the Director must confirm the provisional transfer or promotion.

(4) An officer is not entitled to apply for a review of any provisional transfer or promotion to an office if he or she is not qualified for the office.

(5) An officer is not entitled to apply for a review in respect of any provisional transfer or promotion to an office if—

(a) in the case where notice of the vacancy was given, he or she did not apply to be transferred or promoted to the vacant office; or

(b) he or she did not lodge a notice of application for review in the prescribed manner or within the time specified in sub-section (3)—

S. 64AH inserted by No. 44/1993 s. 20(1).

s. 64AH

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unless a Merit Protection Board determines that the failure should be excused in respect of that officer.

64AI. Review of Director's decision not to appoint

(1) If a Merit Protection Board receives an application under section 5(6), it must subject to and in accordance with the regulations inquire into and determine the claim of the applicant.

(2) If the Board is satisfied that the grounds for review are established, it may make an order requiring the Director to reconsider the decision not to appoint the applicant.

64A. Review of appointment of principal etc.

(1) An officer who—

(a) is eligible for appointment as a principal in a school; and

(b) considers that in accordance with this section or any ministerial order he has a better claim to be transferred or promoted to a vacant office of principal in a school than the officer provisionally transferred or promoted to that office—

may subject to and in accordance with the regulations apply to a Merit Protection Board for a review of that provisional transfer or promotion.

S. 64AI inserted by No. 44/1993 s. 20(1).

s. 64AI


S. 64A(1) amended by No. 44/1993 s. 21(a).

S. 64A(1)(a) amended by Nos 73/1991 s. 5, 96/1993 s. 7, 12/1997 s. 4(a).

S. 64A(1)(b) amended by Nos 94/1987 s. 5(1)(k), 96/1993 s. 7, 12/1997 s. 4(a).

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64 AB-15/6/98

* * * * *

(2) Subject to any ministerial order, the only grounds for review of a provisional transfer or promotion shall be—

(a) that the procedures followed by the school council or committee representing the local community (as the case may be) in making a recommendation in relation to whom to appoint to fill the vacant office or the manner in which the Director took that recommendation into account were not in accordance with the procedures or manner decided by the Minister under section 61; or

(b) that the provisional transfer or promotion is manifestly inconsistent with the evidence of the nature of the vacant office or the school in which the vacancy occurs or of the qualifications and experience of the applicant and the officer provisionally transferred or promoted.

(3) A Merit Protection Board shall review the provisional transfer or promotion and may—

(a) if it is satisfied that the grounds for review have been established, make an order requiring the Director and if applicable the school council or committee (as the case may be) to reconsider the provisional transfer or promotion; or

S. 64A(1A) inserted by No. 77/1990 s. 6, amended by No. 44/1993 s. 21(b), repealed by No. 12/1997 s. 4(b). S. 64A(2) amended by No. 94/1987 s. 5(1)(k).

S. 64A(2)(a) amended by Nos 44/1993 s. 21(c), 22/1996 s. 26(j).

s. 64A

S. 64A(3) amended by No. 44/1993 s. 21(d).

S. 64A(3)(a) amended by Nos 44/1993 s. 21(c), 22/1996 s. 27(j).

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(4) Where, after an order under sub-section (3)(a) has been complied with, the Director makes the same decision as to whom to appoint to the vacant office, a Merit Protection Board shall further review the provisional transfer or promotion and may—

(a) if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or promotion, make an order requiring the vacant office to be advertised again under section 59; or


65. Efficiency

(1) Subject to this Act and any ministerial order and regulations, in the selection of an officer to fill a vacancy and in determining any appeal regard shall be had to relative efficiency of two or more officers.

(2) In sub-section (1) "efficiency" means—

(a) special qualifications and aptitude for the discharge of the duties of the office to be filled together with merit diligence and good conduct; and

(b) in relation to an office which the Minister has determined to be an office to which this paragraph applies "efficiency" shall, in relation to the filling of the office, be deemed to include in addition special qualifications and aptitude for the discharge of the duties of higher offices in the teaching service.

S. 64A(4) amended by Nos 44/1993 s. 21(c)(e), 22/1996 s. 27(j).

s. 65

S. 65(1) amended by Nos 10065 s. 6(2), 94/1987 s. 5(1)(k), 96/1993 s. 15.

S. 65(2)(b) amended by No. 73/1991 s. 6(1)(g).

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_______________

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PART V—DISCIPLINE11, 12

66. Offences

(1) An officer who—

(a) contravenes any provision of this Act or the regulations; or

(b) commits any act of misconduct; or

(c) conducts himself or herself in a disgraceful, improper or unbecoming manner in an official capacity or otherwise; or

(d) fails to fulfil his or her duties—

is guilty of an offence.

(2) An officer who is guilty of an offence under sub-section (1) is liable to one or more of the following penalties—

(a) reprimand;

(b) a fine not exceeding $2000;

(c) reduction in classification or grade;

Pt 5 (Heading and ss 66–75) amended by Nos 9902 s. 2(1), 73/1991 s. 6(1)(b)(h), substituted as Pt 5 (Heading) and ss 66–72) by No. 10029 s. 14 (as amended by No. 94/1987 s. 10(d)(i)–(viii)), amended by No. 73/1991 s. 7(1)(b), new Pt 5 (Heading and ss 66–75A) substituted by No. 44/1993 s. 6.

S. 66 substituted by No. 44/1993 s. 6.

s. 66

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(d) removal from office and appointment to another office;

(e) dismissal.

67. Forfeiture of office

(1) If any officer during his or her period of service is convicted of a criminal offence which is punishable by imprisonment or by a fine the Director may do one or more of the following—

(a) dismiss the officer from the teaching service;

(b) reduce the officer's classification;

(c) transfer the officer to another office;

(d) reprimand the officer.

(2) If any action has been taken by the Director under sub-section (1) and the order or finding of the court has been subsequently quashed or the officer receives a pardon or the finding or order is otherwise nullified then—

(a) the action taken by the Director shall be set aside; and

(b) the officer shall be re-instated in the teaching service at the same classification the officer held before the action of the Director; and

(c) the officer shall be treated as having had continuous service in the teaching service; and

(d) any period during which the officer was not performing the duties of his or her office due to having been dismissed shall be treated as having been on leave without pay.

(3) If the Director proposes to take any action referred to in this section the Director may permit the officer concerned to appear before the Director


s. 67

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personally or by the officer's legal or other representative.

68. Alternative procedures

If it appears to the Director that an officer has committed an offence under section 66, the Director may—

(a) begin an investigation of the matter; or

(b) after giving the officer the opportunity of submitting an explanation, charge the officer with the offence.

69. Preliminary investigation

(1) If the Director begins an investigation under section 68, the Director may—

(a) transfer the officer to other duties;

(b) direct the officer to take any leave which has accrued to him or her;

(c) suspend the officer with pay.

(2) If the Director has not charged an officer within 3 months of taking action under sub-section (1), the Director must withdraw the transfer, direction or suspension.

(3) The Director may apply to the Senior Chairperson of the Merit Protection Boards for an extension of the time specified in sub-section (2).

(4) The Senior Chairperson may grant the extension if he or she reasonably believes it is necessary for the investigation.

70. Suspension from duty

(1) The Director may suspend from duty—

(a) any officer charged with an offence under section 66; or


s. 68



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(b) an officer charged under any law of the State with an indictable offence or under any law of the Commonwealth or a State or Territory with an offence which would, if committed in Victoria, be an indictable offence.

(2) A suspension under this section may be with or without pay.

(3) A suspension under this section continues at the Director's discretion until a determination of all or any of the charges against the officer.

(4) If an appeal to a Merit Protection Board is lodged after a charge is heard, the Director may suspend the officer until final determination of the charge whether before a Board or any other Tribunal or Court.

(5) An officer who is under suspension without pay may engage in other employment if the officer first advises the Director of his or her intention to do so.

(6) If an officer is suspended from duty under this Part and is subsequently dismissed from the teaching service, the officer, unless the Director determines otherwise, forfeits all salary except any salary that was due to him or her before the suspension.

71. Procedure for laying charges

(1) A charge must be in writing and contain particulars of the alleged offence and must require the person charged to state in writing whether he or she admits or denies the truth of the charge within the time that is specified in the charge.

(2) If, within the time specified, the officer does not admit the truth of the charge in writing he or she must be treated as having denied the truth of the charge.


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72. Determinations of charges against officers

(1) If an officer is charged with an offence the Director must hear and determine the charge and the penalty to be imposed.

(2) If a charge against an officer is proved or the officer has admitted the truth of the charge and a penalty has been imposed he or she may, in accordance with the regulations, appeal to a Merit Protection Board.

(3) An appeal must set out the reasons for the appeal and must state in respect of the penalty appealed from whether the appeal is against the penalty alone or the finding and the penalty.

(4) An officer who has admitted the truth of a charge may appeal only in respect of the penalty.

(5) A Merit Protection Board must hear and determine the appeal and may allow or dismiss the appeal or may dismiss the appeal and vary the penalty imposed.

73. Conduct of proceedings

(1) The Director or a Merit Protection Board may allow an officer to appear before the Director or Board personally or by the officer's legal or other representative.

(2) All proceedings under this Part shall be conducted without regard to legal formalities and shall be directed by the best evidence available whether it is the best evidence that the law in other cases admits, requires or demands or not.

74. If charge not proved

(1) If any charge is not proved, the Director must ensure that any suspension imposed in respect of that charge is removed immediately and that the officer is paid any salary due to him or her during


s. 72



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the suspension, together with any allowances that the Director thinks fit.

(2) The Director must not pay any allowances under sub-section (1) unless the officer has applied to the Director for the payment of those allowances.

75. Forfeiture of salary by charged officer

(1) If—

(a) a charge is proven against an officer; or

(b) an officer resigns from the teaching service before any charge is finalised—

and the officer has been suspended, the officer forfeits all salary that accrued to him or her during the officer's suspension.

(2) The Director may, on application to him or her in writing, determine that sub-section (1) does not apply to an officer.

75A. Address for service

If the current address of an officer is not known, the Director must ensure that all notices, orders or communications relating to a charge against the officer are sent to the last known address of the officer and that notice of that posting is published.

__________________


s. 75


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PART VI—GENERAL

76. Minister may delegate powers and functions

(1) The Minister may by instrument in writing under his hand delegate to the Chief General Manager or to any person employed in the administration or execution of this Act all or any of his powers or functions under this Act (except this power of delegation) or under the regulations.

* * * * *

(2) A delegation under sub-section (1) may be revoked at any time by the Minister.

(3) A power or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate.

(4) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers or functions delegated, or as to time or circumstance as may be specified in the instrument of delegation.

s. 76


S. 76(1A) inserted by No. 45/1990 s. 118(d), repealed by No. 22/1996 s. 27(k)(i).

S. 76(2) amended by Nos 45/1990 s. 118(e), 22/1996 s. 27(k)(ii).

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(5) Notwithstanding the provisions of sub-section (1) or any delegation made under this section, the Minister may continue to exercise or perform all or any of the powers or functions conferred or imposed on him by this Act or the regulations.

(6) Any act or thing done or suffered by the Chief General Manager or another person while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing done had been done or suffered by the Minister.

(7) Where the exercise or performance by the Minister of any power or function under this Act or the regulations or the operation of any provision of this Act or the regulations is dependent upon the opinion, belief or state of mind of the Minister in relation to any matter, that power or function may be exercised or performed by the Chief General Manager or another person acting as a delegate of the Minister in relation to that matter, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the Chief General Manager or person so acting.

77. Chief General Manager may delegate powers and functions

(1) The Chief General Manager may by instrument in writing under his hand delegate to any person employed in the administration or execution of this Act or the Education Act 1958 or to a school council constituted under section 13 of the Education Act 1958 all or any of his powers or functions under this Act (except this power of delegation) or under the regulations.

(2) A delegation under sub-section (1) may be revoked at any time by the Chief General

S. 76(5) amended by Nos 45/1990 s. 118(e), 22/1996 s. 27(k)(iii).



s. 77

S. 77(1) amended by Nos 10029 s. 15(2)(a), 73/1991 s. 6(1)(b), 28/1998 s. 8.

S. 77(2) amended by No. 73/1991 s. 6(1)(b).

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Manager.

(3) A power or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate.

(4) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers or functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.

(5) Notwithstanding the provisions of sub-section (1) or any delegation made under this section, the Chief General Manager may continue to exercise or perform all or any of the powers or functions conferred or imposed on him by this Act or the regulations.

(6) Any act or thing done or suffered by any person while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing done had been done or suffered by the Chief General Manager.

(7) Where the exercise or performance by the Chief General Manager of any power or function under this Act or the regulations or the operation of any provision of this Act or the regulations is dependent upon the opinion, belief or state of mind of the Chief General Manager in relation to any matter, that power or function may be exercised or performed by any person acting as a delegate of the Chief General Manager in relation to that matter, or that provision may operate, as

S. 77(5) amended by No. 73/1991 s. 6(1)(b).


s. 77

S. 77(7) amended by Nos 10029 s. 15(2)(b)(c), 73/1991 s. 6(1)(b).

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the case may be, upon the opinion, belief or state of mind of the person so acting.

77A. Publication requirements

If there is a requirement under this Act to advertise or publish a notice or other matter, that requirement is to be construed, in the absence of a contrary intention, as a requirement to advertise or publish the notice or other matter in a publication circulating generally throughout State schools and offices of the Directorate of School Education in Victoria.

77B. Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from—

(a) entertaining actions for compensation in relation to matters in respect of which section 26 provides that no compensation is payable; or

(b) entertaining applications for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief where those applications are prohibited by this Act.

78. Regulations

(1) Subject to disallowance by the Parliament the Minister, with the approval of the Governor in Council, may make regulations for and with respect to any matter which relates to the organization management or discipline of the teaching service or which are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.


s. 77A

S. 77B inserted by No. 96/1993 s. 9.

S. 78(1) amended by No. 10029 s. 15(3).

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(2) In particular, but without limiting the generality of sub-section (1), the regulations may make provision for or with respect to all or any of the following matters—

* * * * *

(b) records to be kept or published;

* * * * *

(d) appeals (including appeals made under the Teaching Service Act 1958);

(e) the procedures to be followed by a Merit Protection Board in disposing of appeals or reviews;

(f) the times when offices of the education service shall be open for business.

* * * * *

_______________

S. 78(2)(a) repealed by No. 10029 s. 9(2).

S. 78(2)(b) amended by Nos 10065 s. 8(a), 96/1993 s. 14(5)(i). S. 78(2)(c) repealed by No. 10029 s. 9(2).

S. 78(2)(d) amended by Nos 9788 s. 2(b), 10065 s. 8(b), 96/1993 s. 14(5)(iii).

S. 78(2)(e) repealed by No. 10029 s. 9(2), new s. 78(2)(e) inserted by No. 44/1993 s. 22 (as amended by No. 47/1996 s. 26).

S. 78(2)(g)–(i) repealed by No. 10029 s. 9(2).

s. 78

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PART VII—TRANSITIONAL

79. The Principal Act

(1) In this Part the Teaching Service Act 1958 is called the Principal Act.

* * * * *

* * * * *

* * * * *

80. Teaching Service Act 1958 to be repealed on appointed day

(1) 13On the appointed day—

(a) the Principal Act shall be repealed;

(b) a person immediately before that day holding office as a member of the Teachers Tribunal under paragraph (a) or (b) of section 5(1) of the Teaching Service Act 1958 or as alternate chairman of the Tribunal under section 5B of that Act shall be entitled to be appointed to a position in the public service or the teaching service at a salary not less than that which he was receiving immediately before that day with such classification relative seniority emoluments entitlements and accrued benefits as are

s. 79

S. 79(2)–(12) repealed by No. 10029 s. 16(1).

S. 79(13) repealed by No. 10065 s. 19(1).

S. 79(14)(15) repealed by No. 10029 s. 16(1).

S. 80(1) amended by No. 10029 s. 16(2)(a)(i).

S. 80(1)(b) amended by No. 10029 s. 16(2)(a) (ii)(iii).

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determined by the Public Service Board or the Minister (as the case requires);

(c) a person immediately before that day holding office as a member of the Teachers Tribunal under paragraph (c), (d) or (e) of section 5(1) of the Teaching Service Act 1958 who—

(i) was immediately prior to his appointment a member of the public service or the former teaching service; or

(ii) having formerly been a member of the public service or the former teaching service, has been continuously engaged or employed since ceasing to be such in some other office or capacity, being an office or capacity in which he was eligible to be re-appointed, upon the termination of his engagement or employment, to some office in the public service or former teaching service—

shall be eligible to be re-appointed to some office in the public service or the teaching service (as the case may be) with a classification and emolument corresponding with or higher than that which he last held in the public service or the former teaching service (as the case may be), as if his service as a member of the Tribunal and in that other office or capacity (if any) had been service in the public service or the former teaching service (as the case may be);

S. 80(1)(c) amended by No. 10029 s. 16(2)(a) (ii)–(iv) (as amended by No. 10087 s. 3(1)).

S. 80(1)(c)(i) amended by No. 10029 s. 16(2)(a)(iv).

S. 80(1)(c)(ii) amended by No. 10029 s. 16(2)(a)(iv).

s. 80

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(d) a person immediately before that day holding office as a chairman of a committee of classifiers under the Teaching Service Act 1958 shall be entitled to be appointed to a position in the public service or the teaching service at a salary not less than that which he was receiving immediately before that day with such classification relative seniority emoluments entitlements and accrued benefits as are determined by the Public Service Board or the Minister (as the case requires).

(2) In sub-section (1), "former teaching service" means teaching service within the meaning of the Teaching Service Act 1958 as in force immediately before 24 March 1982.

(3) In sub-section (1), "the appointed day" means the day proclaimed by the Governor in Council as the appointed day for the purposes of this section.

* * * * *

81. Saving

Except as in this Act expressly or by necessary implication provided, the repeal under this Part of any provision of the Principal Act shall not disturb the continuity of status operation or effect of any determination or regulation made or existing or continuing by or under that provision before that repeal, and such determination or regulation may be amended varied revoked or repealed as if it had been made under this Act.

S. 80(1)(d) amended by No. 10029 s. 16(2)(a) (ii)(iii).

S. 80(2) substituted by No. 10029 s. 16(2)(b).

S. 80(3) inserted by No. 10029 s. 16(2)(b).

S. 80(4) inserted by No. 10029 s. 16(2)(b), repealed by No. 10065 s. 19(2).

s. 81

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* * * * *

__________________

Ss 82–89 repealed by No. 10029 s. 16(3).

s. 82

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SCHEDULE

I A. B. swear by almighty God that as a member of a Merit Protection Board in the State of Victoria I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear favour or affection.

═══════════════

S. 64. Sch. amended by Nos 10029 s. 17, 44/1993 s. 23.

Sch.

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NOTES

1. General Information The Teaching Service Act 1981 was assented to on 5 January 1982 and came into operation as follows:

Sections 13(1), 14(1), 16, 21(1), 33 on 25 August 1982: Government Gazette 25 August 1982 page 2794; section 80(2) on 1 December 1982: Government Gazette 1 December 1982 page 3910; sections 59–61 on 11 July 1984: Government Gazette 11 July 1984 page 2381; rest of Act (except sections 13(2)(3), 14(2), 15, 17–20, 21(2)–(4), 22–32, 79(13), 83(1), 85) on 24 March 1982 Government Gazette 24 March 1982 page 810; sections 13(2)(3), 14(2), 15, 17–20, 21(2)–(4), 22–32, 79(13), 83(1), 85 never proclaimed and were subsequently repealed.

The name of this Act was changed from the Education Service Act 1981 to the Teaching Service Act 1981 by the Teaching Service Act 1983, No. 10029/1983 section 4(1)(a).

Notes

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2. Table of Amendments This Version incorporates amendments made to the Teaching Service Act 1981 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Education Service (Amendment) Act 1982, No. 9788/1982 Assent Date: 9.11.82 Commencement Date: S. 3 on 24.3.82: s. 3(2); s. 4 on 24.3.82: s. 4(2); s. 13

on 24.3.82: s. 13(5); s. 15 on 24.3.82: s. 15(3); rest of Act on 9.11.82: s. 1(2)

Current State: All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) Current State: All of Act in operation

Post-Secondary Education (Amendment) Act 1983, No. 9933/1983 Assent Date: 28.6.83 Commencement Date: 13.7.83: Government Gazette 13.7.83 p. 2127 Current State: All of Act in operation

Teaching Service Act 1983, No. 10029/1983 (as amended by Nos 10065, 10087, 94/1987, 45/1990, 73/1991)

Assent Date: 20.12.83 Commencement Date: S. 6 on 20.12.83: s. 2(2); s. 16(2) on 22.2.84; ss 4,

5(1)(a)–(c)(e)–(i), 7, 8(1)(3), 9, 10(1)–(8)(10)(12), 11, 12(1)(2)(6), 15, 16(1)(3) on 23.2.84: Government Gazette 22.2.84 p. 614; ss 5(1)(d), 10(11), 12(5), 13 on 11.7.84: Government Gazette 11.7.84 p. 2382; s. 5(2) on 17.10.84: Government Gazette 17.10.84 p. 3818; ss 5(1)(j), 8(2), 10(9), 12(3)(7) on 1.9.92: Government Gazette 26.8.92 p. 2552; ss 12(4), 14, 17 on 16.9.92: Government Gazette 16.9.92 p. 2714

Current State: This information relates only to the provision/s amending the Teaching Service Act 1981

Teaching Service Act 1984, No. 10065/1984 (as amended by No. 94/1987) Assent Date: 15.5.84 Commencement Date: S. 5(2) on 15.5.84: s. 2(a); s. 9 on appointed day—

11.7.84: Government Gazette 11.7.84 p. 2381; s. 10 on 23.2.84: s. 2(d); ss 4, 5(1)(3)(4), 6(1)(2), 7(1)–(3), 8, 19 on 11.7.84: Government Gazette 11.7.84 p. 2382


Superannuation Schemes Amendment Act 1985, No. 10258/1985

Notes

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Assent Date: 10.12.85 Commencement Date: S. 7 on 1.1.86: Government Gazette 17.12.85 p. 4633 Current State: This information relates only to the provision/s

amending the Teaching Service Act 1981

Education (Miscellaneous Matters) Act 1986, No. 13/1986 Assent Date: 16.4.86 Commencement Date: S. 33 on 16.4.86: s. 2(1); ss 1–19, 21–32, 34 on

7.5.86: Government Gazette 7.5.86 p. 1281; s. 20 on 1.9.92: Government Gazette 26.8.92 p. 2552


Education Acts (Amendment) Act 1987, No. 21/1987 Assent Date: 12.5.87 Commencement Date: 10.6.87: s. 2 Current State: All of Act in operation

Teaching Service (Amendment) Act 1987, No. 94/1987 Assent Date: 1.12.87 Commencement Date: All of Act (except ss 9(c)(g), 10) on 1.1.88: Special

Gazette (No. 62) 31.12.87 p. 1; s. 10 on 1.9.92: Government Gazette 26.8.92 p. 2552; s. 9(c)(g) was never proclaimed, repealed by No. 11/1995 s. 3(2)


Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 119.1, 119.2) on 1.11.89:

Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s


Vocational Education and Training Act 1990, No. 45/1990 Assent Date: 19.6.90 Commencement Date: S. 118 on 31.1.91: Government Gazette 19.12.90

p. 3745—see Interpretation of Legislation Act 1984, and Special Gazette (No. 9) 31.1.91 p. 3


Teaching Service (Amendment) Act 1990, No. 77/1990 Assent Date: 4.12.90 Commencement Date: 4.12.90 Current State: All of Act in operation

Teaching Service (Further Amendment) Act 1991, No. 73/1991

Notes

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Assent Date: 26.11.91 Commencement Date: S. 7(1)(a) on 20.12.83: s. 2(3); s. 7(2) on 1.12.87:

s. 2(4); rest of Act (except s. 4) on 26.11.91: s. 2(1); s. 4 on 1.1.92: Government Gazette 18.12.91 p. 3489


Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992 Assent Date: 23.6.92 Commencement Date: 1.8.92: Government Gazette 22.7.92 p. 1874 Current State: All of Act in operation

Public Sector Management Act 1992, No. 68/1992 Assent Date: 19.11.92 Commencement Date: S. 114(Sch. 7 item 3) on 24.11.92: Special Gazette

(No. 62) 24.11.92 p. 1 Current State: This information relates only to the provision/s


Employee Relations Act 1992, No. 83/1992 Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 items 21.1–21.3) on 1.3.93: Special

Gazette (No. 63) 27.11.92 p. 1 Current State: This information relates only to the provision/s


Education Acts (Teachers) Act 1993, No. 44/1993 (as amended by No. 47/1996) Assent Date: 1.6.93 Commencement Date: S. 5 on 1.9.92: s. 2(2); s. 6 on 16.9.92: s. 2(3); ss 3, 4,

8, 14–23 on 14.9.93: Special Gazette (No. 63) 14.9.93 p. 1


Teaching Service (Amendment) Act 1993, No. 96/1993 Assent Date: 16.11.93 Commencement Date: Ss 1, 2, 13–17 on 16.11.93: s. 2(1); rest of Act on

1.1.94: s. 2(2) Current State: All of Act in operation

Public Holidays Act 1993, No. 119/1993 Assent Date: 7.12.93 Commencement Date: 7.12.93 Current State: All of Act in operation

Employee Relations (Amendment) Act 1994, No. 82/1994

Notes

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Assent Date: 29.11.94 Commencement Date: S. 13(Sch. 2 items 8.1–8.7) on 11.5.95: Government

Gazette 11.5.95 p. 1093—see Interpretation of Legislation Act 1984


Superannuation Acts (Further Amendment) Act 1994, No. 120/1994 Assent Date: 20.12.94 Commencement Date: S. 55(3) on 1.2.95: s. 2(9) Current State: This information relates only to the provision/s


Equal Opportunity Act 1995, No. 42/1995 Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95

p. 2731; Sch. 2 item 40 on 1.1.96: Government Gazette 21.12.95 p. 3571


Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996 Assent Date: 2.7.96 Commencement Date: S. 24 on 1.10.96: s. 2(4); ss 22, 23, 25–27 on 2.7.96:

s. 2(1) Current State: This information relates only to the provision/s


Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 items 21.1–21.4) on 1.1.97: Special

Gazette (No. 146) 23.12.96 p. 15 Current State: This information relates only to the provision/s


Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 Assent Date: 17.12.96 Commencement Date: S. 93 on 17.12.96: s. 2(1) Current State: This information relates only to the provision/s


Education (Standards Council) Act 1997, No. 3/1997 Assent Date: 22.4.97 Commencement Date: S. 4 on 1.7.97 s. 2(3) Current State: This information relates only to the provision/s


Teaching Service (Amendment) Act 1997, No. 12/1997

Notes

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Assent Date: 29.4.97 Commencement Date: 29.4.97 Current State: All of Act in operation

Education (Self-Governing Schools) Act 1998, No. 28/1998 Assent Date: 19.5.98 Commencement Date: Ss 1, 2 on 19.5.98: s. 2(1); rest of Act on 16.6.98: s.

2(2) Current State: All of Act in operation

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Notes

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3. Explanatory Details

1 S. 9: Section 17 of the Teaching Service (Amendment) Act 1993, No. 96/1993 reads as follows:

17. Certain procedures no longer apply to inquiries into conduct

Anything in any agreement or arrangement made before 3 October 1992 between the Minister or any other person representing the Crown and any association of employees or a group of associations of employees relating to procedures for handling complaints about the performance or behaviour of a member of the teaching service prior to any action being taken by the Director under section 9 or 45 or Part V of the Principal Act—

(a) is deemed to be of no effect; and

(b) is deemed not to be nor to form part of the terms conditions of employment of any member of the teaching service or of any employment agreement of a member—

on or after that date.

2 Pt 2 Div. 5 (ss 10–10C): Section 5 of the Education (Standards Council) Act 1997, No. 3/1997 reads as follows:

5. Former Standards Council of the Teaching Profession

(1) The Standards Council of the Teaching Profession established under section 10 of the Teaching Service Act 1981 is abolished and its members go out of office.

(2) The persons who, immediately before the commencement of this section, were the Chairperson and members of the Standards Council of the Teaching Profession established under section 10 of the Teaching Service Act

Notes

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1981 are deemed to be appointed as the first Chairperson and members respectively of the Standards Council of the Teaching Profession established under section 52A of the Education Act 1958.

(3) A first appointment referred to in sub-section (2) continues for the remainder of the term of the appointment under section 10A of the Teaching Service Act 1981 and is subject to the same terms and conditions of the person's appointment under that section.

3 Pt 3 Div. 2: Sections 10, 11 of the Teaching Service (Amendment) Act 1993, No. 96/1993 read as follows:

10. Transitional provisions for incumbent members of the Principal Class

(1) On 1 January 1994—

(a) any position or office of Principal, Associate Principal, Deputy Principal or Vice-Principal is deemed to be an office declared by Ministerial Order to be an office in the Principal Class;

(b) any person who was appointed to a position or office referred to in paragraph (a) immediately before that date—

(i) is appointed to the office deemed to be declared under paragraph (a); and

(ii) becomes a member of the Principal Class.

(2) A person appointed to an office in the Principal Class under sub-section (1)(b) holds that office, subject to section 11 of this Act and the Principal Act, for a period equal to the balance of the term of his or her appointment to the position or office held by him or her immediately before 1 January

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1994 or until 31 December 1998, whichever first occurs.

(3) Sub-section (2) applies despite the provisions of section 62C of the Principal Act as in force immediately before 1 January 1994.

11. Contracts of employment for incumbent members of the Principal Class

(1) A person who was appointed to an office before it became an office in the Principal Class under section 10 may enter into a contract of employment for that office at any time during the continuation of his or her appointment to that office.

(2) A person referred to in sub-section (1) who elects to enter into a contract of employment for that office is entitled to be offered a contract for that office without the office being advertised.

(3) If an office has become an office in the Principal Class under section 10, the person (if any) holding that office immediately before 1 January 1994 continues to hold it until the office becomes vacant, even if he or she does not enter into a contract of employment for that office.

(4) While a person continues to hold an office in the Principal Class under sub-section (3) without having entered into a contract of employment for it—

(a) the terms and conditions of employment of the person are to be the same as those which applied to the person immediately before the office was declared to be an office in the Principal Class;

(b) the person continues to have the benefits of all rights that have accrued or are accruing to him or her under those terms and conditions.

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(5) If an office referred to in sub-section (3) becomes vacant, section 26(2), (3)(a) and (4) of the Principal Act apply to the member who held the office as if the member had entered into a contract of employment for that office.

4 S. 45: See note 1. 5 S. 45(1A): Section 94 of the Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 reads as follows:

94. Transitional provision

The Teaching Service Act 1981, as amended by section 93 of this Act, applies in relation to inquiries under section 45 of that Act, whether the inquiry commenced before or after the commencement of Part 23 of this Act.

6 S. 58A (repealed): Section 25 of the Education Acts (Teachers) Act 1993, No. 44/1993 reads as follows:

25. Transfer of proceedings

Any proceedings which were commenced but not completed or which could have been commenced before a Teaching Service Appeals Board or any appeals which could have been commenced before a Teaching Service Disciplinary Board at the commencement of this section may be continued and completed before a Merit Protection Board in accordance with the Teaching Service Act 1981 as in force at the time the circumstances giving rise to those proceedings arose.

7 S. 60 (repealed): Section 27 of the Education Acts (Teachers) Act 1993, No. 44/1993 reads as follows:

27. Transfer of proceedings of appointments boards

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Any proceedings commenced by or before an appointments board established under section 60 of the Teaching Service Act 1981 that were not completed at the commencement of this section may be continued and completed by or before the Director of School Education.

8 S. 61(1): Section 24(2) of the Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996 reads as follows:

24. Appointment of Assistant Principals

(2) Despite sub-section (1), if a vacancy in an office of Assistant Principal in a school was advertised before 1 October 1996, the school council or a committee referred to in section 61(1) of the Principal Act can commence or continue to make a recommendation to fill that vacancy.

9 S. 62B: See note 3. 10 S. 64AG: Section 20(2) of the Education Acts (Teachers) Act 1993, No. 44/1993 reads as follows:

20. New sections 64AG to 64AI inserted in Teaching Service Act and exception for primary teachers

(2) There shall be no right of review under section 64AG of the Principal Act in respect of the appointment of a teacher or head teacher in the primary teacher class until the day fixed by proclamation of the Governor in Council published in the Government Gazette for the purposes of this sub-section.

Note: Proclaimed day was 19 May 1994—see Special Gazette (No. 26) 19 May 1994 page 1.

11 Pt 5: See note 1. 12 Pt 5: See note 6. 13 S. 80(1): The appointed day was 11 July 1984: See Government Gazette 11 July 1984 page 2381.

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Alterations to structure of the Directorate of School Education made by Administrative Arrangements Orders

As at the date of this publication references to certain bodies in the Teaching Service Act 1981 are affected as specified below by the following Administrative Arrangements Orders.

No. 115/1992: Government Gazette 21.10.92 p. 3132

SCHEDULE

Item

Column 1 (Old Body)

Column 2 (Legislation)

Column 3 (New Body)

1. Chief General Manager, Department of School Education

All Acts Secretary to the Department of Education


Item

Column 1 (Old Body)


Column 3 (New Body)

3. Secretary to the Department of Education

Teaching Service Act 1981 except section 13(1) and (2) (where second appearing in each case) and section 76(1A)

Director of School Education

6. Department of Education

Education Act 1958, except section 7, Education (Special Developmental Schools) Act 1976 section 2, Teaching Service Act 1981 and Education Regulations 1988

Directorate of School Education


Item

Column 1 (Old Body)


Column 3 (New Body)

1. Director of School Education

All Acts Secretary to the Department of Education

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2. Directorate of School Education

All Acts Department of Education

version no. 041 teaching service act 1981...i version no. 041 teaching service act 1981 act no....

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