South Australian Consolidated Acts

EDUCATION ACT 1972 - SECT 53

53—Appeals in respect of appointments to promotional level positions

        (1)         A person shall not be appointed to a position to which this section applies except in accordance with this section.

        (2)         This section applies to a position in the teaching service classified at a promotional level.

        (2a)         This section does not apply to—

            (a)         appointment of an officer to a position in an acting capacity for a period not exceeding 12 months; or

            (b)         transfer of an officer between positions in the teaching service.

        (3)         Applications for a position to which this section applies shall be submitted in accordance with the regulations either—

            (a)         to the Director-General; or

            (b)         to a committee established by the Minister and consisting of members appointed by the Minister with the agreement of the Institute of Teachers (one or more of whom must be nominees of the Institute),

and the Director-General, or the committee, may provisionally recommend to the employing authority that an applicant be appointed to the vacant position.

        (4)         Notice of the provisional recommendation shall be given to every officer who applied for the position.

        (5)         Subject to subsection (6), any such officer may appeal to the Appeal Board against the provisional recommendation.

        (6)         There shall be no appeal against a provisional recommendation made by the committee established under this section but, if any such provisional recommendation is that an officer be appointed to the vacant position and the employing authority, acting upon the recommendation of the Director-General, declines to make an appointment in accordance with the provisional recommendation, the officer in whose favour the provisional recommendation was made may appeal to the Appeal Board against the recommendation of the Director-General.

        (7)         The Appeal Board shall, after consideration of an appeal under this section—

            (a)         in the case of an appeal against a provisional recommendation under subsection (5)—

                  (i)         confirm the provisional recommendation made by the Director-General; or

                  (ii)         quash the provisional recommendation and direct the employing authority to appoint the appellant to the vacant position; or

            (b)         in the case of an appeal against a recommendation of the Director-General under subsection (6)—

                  (i)         confirm the recommendation of the Director-General; or

                  (ii)         quash the recommendation of the Director-General and direct the employing authority to appoint the appellant to the vacant position.