EDUCATION AND CHILDREN'S SERVICES ACT 2019 - SECT 124

EDUCATION AND CHILDREN'S SERVICES ACT 2019 - SECT 124

124—Review by SAET of certain decisions and determinations

        (1)         Subject to this section, an officer of the teaching service who is aggrieved with a decision or determination of the Chief Executive under Part 9 (other than a decision or determination of a kind prescribed by the regulations) may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision or determination.

        (2)         An application for review must be made within—

            (a)         in the case of a review of a decision or determination relating to an application under section 105— 30 days; or

            (b)         in any other case—14 days,

after receiving notice of the decision or determination (or such longer period as SAET may allow).

        (3)         For the purposes of section 18A of the South Australian Employment Tribunal Act 2014 , there will be the following panels of supplementary panel members:

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

            (b)         a panel of officers of the teaching service appointed by the Governor on the nomination of the Australian Education Union made after elections have been held in accordance with the regulations.

        (4)         In exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings under this Act related to an application for review by an officer of the teaching service, SAET will, if the President of SAET so determines, sit with—

            (a)         1 supplementary panel member from the panel referred to in subsection (3)(a); and

            (b)         1 supplementary panel member from the panel referred to in subsection (3)(b).

        (5)         A decision of SAET in a review of a decision or determination of the Chief Executive on an application under section 105 may not be the subject of an application for review or an appeal under Part 5 of the South Australian Employment Tribunal Act 2014 .

        (6)         A person may not make an application to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for review of a decision of the Chief Executive on an application by the person under section 106 unless—

            (a)         the person made the application to a committee established under section 106(2)(b); and

            (b)         the committee made a provisional recommendation to the Chief Executive that the person be appointed to the vacant position; and

            (c)         the Chief executive declined to make the appointment in accordance with that recommendation.

        (7)         In addition to section 30 of the South Australian Employment Tribunal Act 2014 , SAET may, at any stage of proceedings for a review of a decision or determination resulting in the termination of an officer of the teaching service under Part 9 Division 7, revoke the decision or determination and order that the officer be reinstated in the teaching service.