New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22F

22F Issuing of procedural guidelines

(1) The appropriate Division Head may, from time to time, issue guidelines for the purposes of:

(a) dealing with allegations of misconduct against members of staff as a disciplinary matter, and

(b) the taking of disciplinary action with respect to members of staff under this Part, including disciplinary action in relation to unsatisfactory performance, and

(c) any other matter referred to in this Part.

(2) The procedural guidelines must be consistent with the rules of procedural fairness.

(3) Without limiting subsection (2), the procedural guidelines are to ensure that:

(a) a member of staff to whom an allegation of misconduct relates:

(i) is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the staff member, and

(ii) is given an opportunity to respond to the allegation, and

(b) a member of staff against whom the appropriate Division Head is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.

(4) The appropriate Division Head may from time to time amend, revoke or replace the procedural guidelines.

(5) The procedural guidelines as in force from time to time must be made publicly available in such manner as the appropriate Division Head thinks appropriate.

(6) The regulations may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in the regulations, the regulations prevail.

(7) The procedural guidelines may apply, adopt or incorporate the procedural guidelines issued under Part 4A of the Teaching Service Act 1980 with such modifications as are necessary.