South Australian Consolidated Acts

EDUCATION ACT 1972 - SECT 26

26—Disciplinary action

        (1)         If an officer—

            (a)         contravenes or fails to comply with any provision of this Act; or

            (b)         contravenes or fails to comply with any lawful direction given to him under this Act; or

            (c)         is negligent, inefficient or incompetent in the discharge of his duties; or

            (d)         is absent from duty without proper cause; or

            (e)         is guilty of any disgraceful or improper conduct,

there shall be sufficient cause for disciplinary action against that officer.

        (2)         Where the Director-General finds that there is sufficient cause for disciplinary action under this section—

            (a)         he may, by written determination under his hand—

                  (i)         reprimand the officer; or

                  (ii)         impose a fine upon the officer not exceeding the amount of one weeks salary of the officer; or

                  (iii)         reduce the remuneration of the officer by—

                        (A)         transferring the officer to another position in the teaching service; or

                        (B)         varying the officer's duties and classifying or reclassifying the officer; or

                        (C)         removing an entitlement to an increment of remuneration; or

                  (iv)         suspend the officer from duty (without pay) for a period not exceeding one year; or

            (b)         he may recommend to the employing authority that the officer be dismissed from the teaching service.

        (3)         The employing authority may, upon receipt of a recommendation under subsection (2), dismiss the officer from the teaching service.

        (4)         An officer may, within fourteen days after he receives notice of a determination under this section or a decision made by the employing authority to dismiss him under this section, appeal to the Appeal Board against the determination or decision.

        (5)         The Appeal Board may, upon the hearing of an appeal under this section, vary or revoke the determination or decision subject to appeal and, if the determination or decision has taken effect, order that the officer be reinstated in the teaching service as if no such determination or decision had been made.

        (6)         Any fine imposed on an officer under this section may be deducted from the salary or other remuneration payable to that officer.