Commonwealth Teaching Service Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules

1977 No. 116

REGULATION UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Teaching Service Act 1972.

Dated this sixth day of July, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

J. L. CARRICK

Minister of State for Education.

———

Amendment of the Commonwealth Teaching Service Regulations 

Regulation 6 of the Commonwealth Teaching Service Regulations is repealed and the following regulations are substituted:—

Service prior to last appointment as officer not to count for seniority.

“ 6. Notwithstanding anything contained in these Regulations, where, in relation to the selection, after the commencement of this regulation, of an officer for promotion to a vacant position, an officer has, on a date, become an officer after having ceased to be an officer, the seniority of the officer shall be determined, for the purposes of section 28 of the Act, as if he became an officer only on that date.

Seniority according to date on which person becomes an officer.

“ 6a. Subject to these Regulations, the seniority of an officer shall be determined, for the purposes of section 28 of the Act, according to the date on which he became an officer.

Seniority of certain teachers in Commonwealth schools.

“ 6b. (1) Where an officer, not being an officer referred to in paragraph 6c (2) (a)—

(a) was, immediately before becoming an officer, an officer of the Australian Public Service performing teaching duties in a Commonwealth school; and

(b) commenced to perform those teaching duties before the commencement of this regulation,

his seniority shall be determined according to the date on which he commenced to perform those teaching duties.

 

* Notified in the Commonwealth of Australia Gazette on 12 July 1977.

  Statutory Rules 1973, No. 143 as amended by Statutory Rules 1973, No. 225; 1974, No. 12; 1970, No. 294; and 1977, No. 19.

“(2) Where an officer—

(a) was, during any part of the year 1973—

(i) an officer of the teaching service of the State of New South Wales performing teaching duties in a Commonwealth school in the Australian Capital Territory or the Jervis Bay Territory; or

(ii) an officer of the teaching service of the State of South Australia performing teaching duties in a Commonwealth school in the Northern Territory; and

(b) became an officer of the Service before 26 July 1973 or applied before 1 January 1974 for appointment as an officer of the Service,

his seniority shall be determined according to the date on which he became an officer of the teaching service of that State.

Seniority of certain teachers of technical and further education.

“ 6c. (1) In this regulation, ‘ technical and further education ’ means education provided by way of a course of instruction or training—

(a) that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or

(b) that otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.

“ (2) Where an officer—

(a) immediately before becoming an officer of the Service—

(i) was an officer of the Australian Public Service; and

(ii) was engaged in full-time teaching duties in the Australian Capital Territory in connexion with the provision of technical and further education; and

(b) became an officer of the Service before the commencement of this regulation,

his seniority shall be determined according to the date on which he commenced to perform those teaching duties.

“ (3) Where an officer—

(a) immediately before becoming an officer of the Service—

(i) was an officer of the teaching service of the State of New South Wales; and

(ii) was engaged in full-time teaching duties in the Australian Capital Territory in connexion with the provision of technical and further education; and

(b) became an officer of the Service before the commencement of this regulation,

his seniority shall be determined according to the date on which he became an officer of the teaching service of that State.

Application.

“ 6d. Regulations 6b and 6c apply in relation to the determination of the seniority of an officer as if the Act and these Regulations had been in force, and the officer had become an officer, on the date according to which his seniority is to be so determined.”.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0