New South Wales Consolidated Acts

EDUCATION ACT 1990 - SCHEDULE 1A

SCHEDULE 1A – Board inspectors

(Section 104)

1 Application of Schedule

This Schedule applies to and in respect of such staff (referred to in this Schedule as "Board inspectors") as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) on a temporary basis for the purposes of:

(a) developing the school curriculum under this Act, and

(b) exercising functions in connection with approvals, registrations and accreditations under Parts 7 and 8 of this Act, and

(c) exercising such other functions as may be conferred on Board inspectors under this Act or as may be determined by the Board of Studies.

2 Board inspectors are public sector employees

Board inspectors are public sector employees for the purposes of the Industrial Relations Act 1996 or any other Act.

3 Employment to be temporary

(1) A person may be employed as a Board inspector for a period of up to 5 years determined by the Board, and is eligible (if otherwise qualified) for re-employment for a further such period or periods.

(2) The Board may dispense with the services of a Board inspector at any time.

4 Conditions of employment

(1) Except as otherwise determined by or under a State industrial instrument or any other Act or law, a Board inspector has the same conditions of employment regarding:

(a) rates and conditions of payment of allowances, and

(b) leave (including extended or long service leave) entitlements, and

(c) public holidays, and

(d) attendance at, fitness for and absences from work,

as officers of the Public Service, and for that purpose, Schedule 5 to the Public Sector Management Act 1988 , and the provisions of any regulations made under that Act in connection with any of those matters, apply (with any necessary modifications) to the employment of Board inspectors.

5 Appointments to be on merit

(1) The basis of selection procedures in connection with employment as a Board inspector is to be the respective merits of applicants for such employment.

(2) The merit of an applicant is to be determined having regard to:

(a) the nature of the duties of a Board inspector, and

(b) abilities, qualifications, experience, standard of work performance and personal qualities of the applicant that are relevant to the performance of those duties.

6 Legal proceedings not to be brought in respect of employment or re-employment of Board inspectors

(1) A decision to employ or a failure to employ a person as a Board inspector, and any matter, question or dispute relating to such a decision or failure, are not industrial matters for the purposes of the Industrial Relations Act 1996 (other than Part 7 of Chapter 2 of that Act).

(2) No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of any decision to employ or any failure to employ a person as a Board inspector, the entitlement or non-entitlement of a person to be so employed or the validity or invalidity of any such employment.

(3) Subclause (2) does not affect the operation of Part 7 of Chapter 2 of the Industrial Relations Act 1996 .

(4) In this clause, "employment" includes re-employment.