New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980

- As at 11 November 2009
- Act 23 of 1980

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
           2A, 3. (Repealed)
   4.      Definitions
   5.      Industrial Relations Act 1996 not affected
   5A.     Protection of children to be paramount consideration

   PART 2 - DIRECTOR-GENERAL

           Division 1 - General functions and related provisions

   6.      General responsibility
   7.      General functions
   8.      Delegation of functions
   9.      Acting appointment to Director-General position

           Division 2 - Employment functions

   10.     Definition
   11.     Director-General to act for Crown
   12.     Role of Director-General in industrial proceedings
   13.     Determination of conditions of employment
   14.     Agreements relating to industrial matters
   15.     Determinations and agreements relating to major industrial matters
           16-36. (Repealed)

   PART 3 - (Repealed)
   None

   PART 4 - THE TEACHING SERVICE

           Division 1 - (Repealed)
           None

           Division 2 - Members of the Teaching Service

   44.     The Teaching Service
   45.     Transfer of persons from former Teaching Service
   46.     (Repealed)
   47.     Appointments to positions generally
   47A.    Appointment on merit to senior positions
   48.     Appointments on probation
   49.     Appointment of retired officers
   50.     Temporary employees
   51.     Temporary appointments of officers

           Division 3 - (Repealed)
           None

           Division 4 - Miscellaneous provisions relating to the Teaching Service

           59-59G. (Repealed)
   60.     Promotion appeals
   61.     (Repealed)
   62.     No appeal to GREAT
           63-71A. (Repealed)
   72.     Excess persons
   73.     Excessive salaries
   74.     Declining of promotion or appointment
   75.     Refusal to comply with directions
   76.     Retirement or transfer of officers through invalidity or incapacity
   77.     (Repealed)
   78.     Vacation of position
   78A.    Sections 72-78 not to apply to senior executive officers

           Division 5 - Extended leave

   79.     Leave of absence after years of service
   80.     Gratuity instead of extended leave
   81.     Payment of money value of leave not taken or completed
           Division 6

           Division 7 - Miscellaneous

   91.     Recovery of salary etc
   92.     Deduction from salary or wages for use of building or provision of services
   92A.    Officers and temporary employees to report bankruptcy etc
   92B.    Officers and temporary employees not to undertake other paid work without permission
   92C.    Director-General to be notified of serious offences committed by officers and temporary employees
   93.     (Repealed)

   PART 4A - MANAGEMENT OF CONDUCT AND PERFORMANCE

           Division 1 - Preliminary

   93A.    Objects of Part
   93B.    Definitions
   93C.    Meaning of “misconduct”
   93D.    Issuing of procedural guidelines
   93E.    Requirements relating to disciplinary matters

           Division 2 - Dealing with misconduct

   93F.    Dealing with an allegation of misconduct

           Division 3 - Performance management for officers

   93G.    Performance reviews for officers
   93H.    Performance improvement programs
   93I.    Dealing with unsatisfactory performance-school principals
   93J.    Dealing with unsatisfactory performance-officers other than school principals

           Division 4 - Miscellaneous provisions

   93K.    Disciplinary action may be taken if officer is convicted of serious offence
   93L.    Suspension of officers from duty pending decision in relation to misconduct or criminal conviction
   93M.    Implementation of decisions under this Part
   93N.    Effect of dismissal of senior executive officers
   93O.    Provisions relating to certain forms of disciplinary action
   93P.    Officers retiring or resigning before disciplinary action is taken
   93Q.    Officer whose address is unknown

   PART 4B - TERMINATION OF EMPLOYMENT OF PROHIBITED PERSONS

   93R.    Definitions
   93S.    Operation of this Part
   93T.    Termination of employment of prohibited persons
   93U.    Offences and prohibited person status to be notified to Director-General
   93V.    Review of prohibited person status
   93W.    Effect of person ceasing to be prohibited person
   93X.    Disciplinary action may be taken against person who ceases to be prohibited person
   93Y.    Protection of persons relating to this Part
   93Z.    No compensation or other industrial remedies
   93ZA.   Protection for exercise of functions in connection with this Part
   93ZB.   Transitional provision

   PART 5 - GENERAL

   94.     Saving as to Minister’s authority
   95.     Appointments etc to be notified in Education Gazette
   96.     Evidence as to Education Gazette
   97.     Crown’s right to dismiss not abrogated
           98, 99. (Repealed)
   100.    Regulations
           101, 102. (Repealed)
   103.    Savings and transitional provisions
           Schedule 2 (Repealed)
           SCHEDULE 3