South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 17

17—Incapacity of members of the teaching service

        (1)         Where the Director-General is satisfied that an officer is, by reason of mental or physical illness or disability, incapable of performing satisfactorily the officer's duties, the Director-General may do one or more of the following:

            (a)         by written determination, transfer the officer to some other position in the teaching service or vary the officer's duties and assign an appropriate classification to the officer;

            (b)         determine to take steps to transfer the officer to some other employment in the Government of the State;

            (c)         grant the officer leave of absence (without remuneration) from the teaching service;

            (d)         recommend to the employing authority that the officer be retired from the teaching service.

        (1a)         The Director-General must, before taking action or making a recommendation under subsection (1) that would result in reduction of remuneration or retirement, be satisfied that a transfer or variation of duties without reduction of remuneration is not reasonably practicable in the circumstances.

        (1c)         The Director-General may, in acting under subsection (1)(b), recommend to the employing authority that the officer be appointed to an office or position pursuant to section 101B or attempt to secure for the officer some other appropriate employment in the Government of the State.

        (2)         The employing authority, on receiving a recommendation under subsection (1)(d), may, in accordance with that recommendation, retire the officer from the teaching service.

        (3)         An officer may, within fourteen days after he receives notice of a determination under this section or of a decision to transfer or retire him or her under this section, appeal to the Appeal Board against the determination or decision.

        (4)         The Appeal Board may, upon the hearing of an appeal under this section, revoke the determination or decision and, where effect has been given to the determination or decision, order that the officer be reinstated as if no determination or decision had been made.



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