South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 45

45—The Teachers Appeal Board

        (1)         There shall be a board entitled the Teachers Appeal Board .

        (2)         The Appeal Board is to consist of—

            (a)         such presiding members as may be nominated from time to time by the President of the Industrial Court of South Australia from amongst the members of the Industrial Court for the hearing and determination of appeals to the Appeal Board; and

            (b)         the members of a panel of employees in the Department appointed by the Governor on the nomination of the Minister; and

            (c)         the members of a panel of officers of the teaching service appointed by the Governor on the nomination of the Institute of Teachers made after elections have been held in accordance with the regulations; and

            (d)         the members of a panel of employees in the Department of Further Education appointed by the Governor on the nomination of the Minister; and

            (e)         the members of a panel of officers of the teaching service under the Further Education Act 1976 appointed by the Governor on the nomination of the Institute of Teachers made after elections have been held in accordance with the regulations.

        (3)         For the purpose of hearing and determining an appeal by an officer of the teaching service under this Act, the Appeal Board shall be constituted of:

            (a)         a member of the Industrial Court nominated by the President of the Industrial Court to be the presiding member of the Appeal Board; and

            (b)         a member of the panel appointed under subsection (2)(b) (or a temporary member of the Board) selected by the Director-General; and

            (c)         a member of the panel appointed under subsection (2)(c) (or a temporary member of the Board) selected by the appellant or appellants or, where there are two or more appellants and they fail to agree on the selection of the member, a member of that panel selected by the presiding member.

        (4)         For the purpose of hearing and determining an appeal by an officer of the teaching service under the Further Education Act 1976 , the Appeal Board shall be constituted of—

            (a)         a member of the Industrial Court nominated by the President of the Industrial Court to be the presiding member of the Appeal Board; and

            (b)         a member of the panel appointed under subsection (2)(d) (or a temporary member of the Board) selected by the Director-General of Further Education; and

            (c)         a member of the panel appointed under subsection (2)(e) (or a temporary member of the Board) selected by the appellant or appellants or, where there are two or more appellants and they fail to agree on the selection of the member, a member of that panel selected by the presiding member.

        (5)         The Appeal Board, separately constituted under this section, may sit simultaneously to hear separate appeals.

        (6)         In this section—

"member of the Industrial Court" means—

            (a)         the President of the Industrial Court of South Australia; or

            (b)         a Deputy President of the Industrial Court of South Australia; or

            (c)         an Industrial Magistrate.



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