COMMONWEALTH TEACHING SERVICE REGULATIONS
- In force under the Commonwealth Teaching Service Act 1972
- Reprinted as at 31 December 1983 (HISTREG CHAP 216 #DATE 31:12:1983)
*1* The Commonwealth Teaching Service Regulations (in force under the Commonwealth Teaching Service Act 1972) as shown in this reprint comprise Statutory Rules 1973 No. 143 amended as indicated in the Tables below. Table of Statutory Rules --------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions --------------------------------------------------------------------------- 1973 No. 143 26 July 1973 26 July 1973 225 (a) 22 Nov 1973 R. 1: 2 Apr 1973 R. 2: 22 Nov 1973 - 1974 No. 12 12 Feb 1974 12 Feb 1974 - 1976 No. 294 30 Dec 1976 30 Dec 1976 - 1977 No. 19 23 Feb 1977 23 Feb 1977 - 116 12 July 1977 12 July 1977 - 163 16 Sept 1977 16 Sept 1977 - 1981 No. 207 30 July 1981 30 July 1981 - 1983 No. 131 5 Aug 1983 5 Aug 1983 - --------------------------------------------------------------------------- (a) The Commonwealth Teaching Service Regulations that were amended, with retrospective effect on 2 April 1973, by Statutory Rules 1973 No. 225 are not the Regulations reprinted here, but appear to be the Regulations made by Statutory Rules 1972 No. 111 and repealed by regulation 2 of these Regulations Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted --------------------------------------------------------------------------- Provision affected How affected --------------------------------------------------------------------------- Heading to Part I . . ad. 1976 No. 294 R. 3 . . . . . . . . am. 1976 No. 294; 1977 No. 19; 1983 No. 131 R. 4 . . . . . . . . rep. 1983 No. 131 Rr. 4A, 4B . . . . . ad. 1974 No. 12 R. 5 . . . . . . . . am. 1983 No. 131 Heading to Part II . ad. 1976 No. 294 R. 6 . . . . . . . . rs. 1977 No. 116 Rr. 6A-6D . . . . . . ad. 1977 No. 116 R. 8 . . . . . . . . am. 1983 No. 131 Heading to Part III . ad. 1976 No. 294 Part III (rr. 9-22, 22A, 23-34) rep. 1983 No. 131 Part III (rr. 9-11) . ad. 1983 No. 131 Rr. 9-11 . . . . . . rs. 1983 No. 131 Rr. 12-14 . . . . . . rep. 1983 No. 131 Rr. 15, 16 . . . . . am. 1977 No. 19 rep. 1983 No. 131 R. 17 . . . . . . . . rs. 1977 No. 19 rep. 1983 No. 131 Rr. 18-20 . . . . . . am. 1977 No. 19 rep. 1983 No. 131 R. 21 . . . . . . . . rep. 1983 No. 131 R. 22 . . . . . . . . am. 1977 No. 19 rep. 1983 No. 131 R. 22A . . . . . . . ad. 1977 No. 19 rep. 1983 No. 131 R. 23 . . . . . . . . am. 1977 No. 19 rep. 1983 No. 131 Rr. 24-34 . . . . . . rep. 1983 No. 131 Heading to Part IV . ad. 1976 No. 294 Rr. 35, 36 . . . . . ad. 1976 No. 294 am. 1983 No. 131 R. 37 . . . . . . . . ad. 1976 No. 294 R. 38 . . . . . . . . ad. 1976 No. 294 am. 1983 No. 131 R. 39 . . . . . . . . ad. 1976 No. 294 am. 1977 No. 163 R. 40 . . . . . . . . ad. 1976 No. 294 Rr. 41-43 . . . . . . ad. 1976 No. 294 am. 1983 No. 131 R. 44 . . . . . . . . ad. 1976 No. 294 am. 1981 No. 207 R. 45 . . . . . . . . ad. 1976 No. 294 rs. 1977 No. 163 R. 46 . . . . . . . . ad. 1976 No. 294 R. 47 . . . . . . . . ad. 1976 No. 294 am. 1977 No. 163 Heading to Schedule . rep. 1976 No. 294 Heading to Schedule 1 ad. 1976 No. 294 Schedule 1 . . . . . rep. 1983 No. 131 Schedule 2 . . . . . ad. 1976 No. 294 am. 1983 No. 131 --------------------------------------------------------------------------- COMMONWEALTH TEACHING SERVICE REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-GENERAL
Regulation
1. Citation
2. Repeal
3. Interpretation
4A. Allowance under section 30 (3) of the Act
4B. Allowance under section 37 (3) of the Act
5. Publication of direction under sub-section 26 (3) or (4) of the Act
PART II-PROMOTIONS
6. Service prior to last appointment as officer not to count for
seniority
6A. Seniority according to date on which person becomes an officer
6B. Seniority of certain teachers in Commonwealth schools
6C. Seniority of certain teachers of technical and further education
6D. Application
7. Publication of promotions
8. Appeals against promotions
PART III-NOMINATION OF OFFICERS' REPRESENTATIVES
9. Officers' representatives on Promotions Appeal Boards and the
Disciplinary Appeal Board
10. Nomination of officers' representative on Promotions Appeal Boards
11. Nomination of officers' representative on Disciplinary Appeal Board
PART IV-DISCIPLINARY APPEALS
35. Notification of disciplinary action
36. Appeals against disciplinary action
37. Conduct of appeal
38. Public and private hearings
39. Witnesses
40. Evidence taken outside hearing
41. Copies of documents to be furnished or inspection allowed
42. Representation at hearing or at taking of evidence
43. Decision of the Disciplinary Appeal Board
44. Appellant's expenses
45. Expenses of witnesses
46. Giving or furnishing of notices, &c.
47. Protection of witnesses
SCHEDULE 2
FORMS
COMMONWEALTH TEACHING SERVICE REGULATIONS - PART I
PART I-GENERAL
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Commonwealth Teaching Service
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 2
Repeal
2. The Commonwealth Teaching Service Regulations, being Statutory Rules
1972, No. 111, are repealed.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 3
Interpretation
3. In these Regulations, unless the contrary intention appears-
"appellant" means-
(a) in relation to an appeal against a provisional promotion of an
officer-the officer making that appeal; or
(b) in relation to a disciplinary appeal-the officer making that
appeal; "disciplinary appeal" means an appeal under section 36 of the Act;
"Disciplinary Appeal Board" means the Disciplinary Appeal Board
constituted under section 37 of the Act;
"officer" means a person appointed in relation to a component of the
Service pursuant to sub-section 20 (1) of the Act;
"officers' representative" means-
(a) in relation to a Promotions Appeal Board, the nominated
officer referred to in paragraph 30 (2) (c) of the Act; and
(b) in relation to the Disciplinary Appeal Board, the nominated
officer referred to in paragraph 37 (2) (c) of the Act;
"organization" means an organization within the meaning of the
Conciliation and Arbitration Act 1904;
"Promotions Appeal Board" means a Promotions Appeal Board constituted
under section 30 of the Act;
"the Act" means the Commonwealth Teaching Service Act 1972.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 4A
Allowance under section 30 (3) of the Act
4A. For the purposes of sub-section 30 (3) of the Act, there is payable to a
Chairman of a Promotions Appeal Board for each day on which he attends a
meeting of a Board-
(a) if the duration of the meeting is less than 3 hours-a fee of $25; or
(b) in any other case-a fee of $40.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 4B
Allowance under section 37 (3) of the Act
4B. For the purposes of sub-section 37 (3) of the Act, there is payable to a
Chairman of a Disciplinary Appeals Board for each day on which he attends a
meeting of a Board-
(a) if the duration of the meeting is less than 3 hours-a fee of $25; or
(b) in any other case-a fee of $40.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 5
Publication of direction under sub-section 26 (3) or (4) of the Act
5. A direction given by the relevant authority under sub-section 26 (3) or
(4) of the Act shall be made known to the officers by the publication of a
copy of the direction in the Gazette.
COMMONWEALTH TEACHING SERVICE REGULATIONS - PART II
PART II-PROMOTIONS
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 6
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.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 6A
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.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 6B
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 Australi
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 perform those teaching duties.
(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 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.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 6C
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 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.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 6D
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.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 7
Publication of promotions
7. The promotion of an officer to a vacant position shall be made known to
the officers by the publication of a notification of the promotion in the
Gazette.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 8
Appeals against promotions
8. (1) An appeal against a provisional promotion of an officer to a vacant
position shall be made by letter or telegram delivered to the relevant authori
within the period that commences on the date on which notification of the
promotion is published in the Gazette and ends at the close of business of
that office on the twenty-first day after that date.
(2) Such a letter or telegram shall state whether the appeal is on the
ground of superior efficiency or on the ground of equal efficiency and
seniority.
COMMONWEALTH TEACHING SERVICE REGULATIONS - PART III
PART III-NOMINATION OF OFFICERS' REPRESENTATIVES
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 9
Officers' representatives on Promotions Appeal Boards and the Disciplinary
Appeal Board
9. For the purposes of an appeal to a Promotions Appeal Board or the
Disciplinary Appeal Board, an officer to represent officers of the Service sha
be nominated-
(a) in the case of an officer referred to in paragraph 30 (2) (c) of the
Act-by an organization in response to a request made in accordance with
regulation 10; and
(b) in the case of an officer referred to in paragraph 37 (2) (c) of
the Act-by an organization or an appellant, as the case may be, in
response to a request made in accordance with regulation 11.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 10
Nomination of officers' representative on Promotions Appeal Boards
10. (1) Subject to sub-regulation (2), where an organization has rules under
which an officer who occupies the office to which the provisional promotion
appealed against has been made is eligible for membership of that
organization, the relevant authority shall, in writing, request that
organization to nominate, in writing, an officer to represent officers of the
Service and to specify the address of the officer so nominated.
(2) Where more than one organization has rules under which an officer who
occupies the office to which the provisional promotion appealed against ha
been made is eligible for membership, the relevant authority shall ascertain
which of those organizations has the greater or the greatest number of members
occupying offices of the class to which the provisional promotion appealed
against has been made and shall, in writing, request that organization to
nominate, in writing, an officer to represent officers of the Service and to
specify the address of the officer so nominated.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 11
Nomination of officers' representative on Disciplinary Appeal Board
11. (1) Where an appellant is a member of an organization, the relevant
authority shall, in writing, request the organization specified in the notice
given to the relevant authority under sub-regulation 36 (1A) to nominate, in
writing, an officer to represent officers of the Service and to specify the
address of the officer so nominated.
(2) Where an appellant gives notice to the relevant authority under
sub-regulation 36 (1A) that he is not a member of an organization, the relevan
authority shall furnish the appellant with a list of not less than 3 names of
officers selected by the relevant authority having regard to the duties or
former duties of the appellant.
(3) An appellant furnished with a list under sub-regulation (2) shall by
notice in writing nominate an officer whose name appears on the list to
represent officers of the Service.
COMMONWEALTH TEACHING SERVICE REGULATIONS - PART IV
PART IV-DISCIPLINARY APPEALS
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 35
Notification of disciplinary action
35. Where the relevant authority takes any action against an officer that
gives the officer a right of making a disciplinary appeal, the relevant
authority shall, without delay, give notice to the officer in accordance with
Form 1 in Schedule 2-
(a) of that action; and
(b) of the officer's right of appeal.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 36
Appeals against disciplinary action
36. (1) A disciplinary appeal shall-
(a) be made within 28 days after the date of notification under regulation
35;
(b) be made by letter, or telegram, delivered to the relevant
authority; an (c) be in accordance with Form 2 in Schedule 2.
(1A) An appellant shall, at the time he lodges a disciplinary appeal-
(a) if he is not a member of an organization, give notice in writing
to the relevant authority that he is not a member of an organization;
(b) if he is a member of one but not more than one organization,
give notic in writing to the relevant authority specifying the name and
address of that organization; or
(c) if he is a member of more than one organization, select an
organization of which he is a member as the organization to nominate an
officer to represen officers of the Service, being an officer referred to
in paragraph 37 (2) (c) the Act, and give notice in writing to the
relevant authority specifying the name and address of that organization.
(2) The relevant authority shall, within 7 days after receipt of a
disciplinary appeal, refer the appeal to the Chairman of the Disciplinary
Appe Board for the fixing of a date, time and place for the hearing of
the appeal.
(3) Subject to sub-regulation (4), after the date of receipt of information
under sub-regulation (2) of a disciplinary appeal, the Chairman of the
Disciplinary Appeal Board shall fix a date, time and place for the hearing of
the appeal and shall notify the relevant authority, the other members of th
Board and the appellant of the date, time and place so fixed.
(4) The Chairman of the Disciplinary Appeal Board shall, in fixing the date
for the hearing of a disciplinary appeal, take into consideration the tim that
will necessarily be taken by the appellant in travelling to the place of
hearing and the time that can reasonably be expected it will take for the
appellant to receive the notification referred to in sub-regulation (3).
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 37
Conduct of appeal
37. Subject to these Regulations, in the hearing of a disciplinary appeal by
the Disciplinary Appeal Board-
(a) the Board may inform itself in such manner as it thinks fit;
(b) the procedure to be followed shall be as determined by the
Board;
(c) the Board is not bound by the rules of evidence; and
(d) the Board shall proceed without regard to legal forms or
solemnities.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 38
Public and private hearings
38. A disciplinary appeal shall be heard in public unless the Disciplinary
Appeal Board, by reason of the interests of justice or of the public, or of th
confidential nature of the evidence to be heard, either of its own motion or o
the motion of the appellant or the relevant authority, otherwise directs.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 39
Witnesses
39. (1) For the purpose of the hearing of a disciplinary appeal, the
Chairman of a Disciplinary Appeal Board may-
(a) by writing under his hand, summon a person to appear at the hearing to
give evidence on oath or affirmation and to produce such documents (if
any) as are referred to in the summons;
(b) require a person who is present at the hearing to give evidence
on oath or affirmation and to produce such documents (if any) as he
specifies; and
(c) administer an oath or affirmation.
(2) At the hearing of a disciplinary appeal, a person shall not, without
reasonable excuse-
(a) fail to attend as required by a summons served on him;
(b) refuse or fail to be sworn or to make an affirmation;
(c) refuse or fail to answer a question that the Chairman of the
Disciplina Appeal Board requires him to answer; or
(d) refuse or fail to produce a document in compliance with a
summons serve on him or with a requirement under paragraph (1) (b).
Penalty: $40.
(3) Nothing in this regulation shall be construed as requiring a person to
answer a question or produce a document that would tend to incrimina him.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 40
Evidence taken outside hearing
40. (1) Where, by reason of the appellant or a witness residing or
performing duties outside Australia, or in a remote locality in Australia, or
reason of the expense, inconvenience or delay that would result, it appears to
the Disciplinary Appeal Board hearing a disciplinary appeal that it is
undesirable to require the appellant or witness to attend before the Board to
give evidence at the hearing of the appeal, the Board may, by writing under th
hand of the Chairman, appoint a person to take the evidence of the appellant o
witness.
(2) A person so appointed may take the evidence of the appellant or witness
on oath or affirmation, and for that purpose shall have all the powers of the
Chairman of the Disciplinary Appeal Board.
(3) Evidence taken under this regulation shall be certified under the hand
of the person taking it and forwarded by him to the Disciplinary Appeal Board
hearing the disciplinary appeal.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 41
Copies of documents to be furnished or inspection allowed
41. (1) Copies of all documents intended to be used at the hearing of a
disciplinary appeal shall, where practicable, be furnished to the appellant or
the relevant authority, as the case may be, by the party intending to rely on
those documents at the hearing, not later than 7 days before the date fixed fo
the commencement of the hearing.
(2) Where a copy of a document intended to be used at the hearing of a
disciplinary appeal is not furnished to the appellant or the relevant authorit
as the case may be, in accordance with sub-regulation (1), the appellant or th
relevant authority is entitled to inspect that document.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 42
Representation at hearing or at taking of evidence
42. At the hearing of a disciplinary appeal or at the taking of evidence
under regulation 40, the appellant or the relevant authority may appear
personally or be represented by counsel, a solicitor, or agent, who may examin
witnesses and may address the Disciplinary Appeal Board on behalf of the
appellant or the relevant authority.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 43
Decision of the Disciplinary Appeal Board
43. Within 7 days after a disciplinary appeal has been heard by the
Disciplinary Appeal Board, the Board shall, by writing signed by the Chairman
and the other members of the Board, notify the relevant authority of its
decision, and the relevant authority shall forthwith, in writing, inform the
appellant of the decision.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 44
Appellant's expenses
44. Where the Disciplinary Appeal Board sets aside or varies a decision
against which a disciplinary appeal has been made, the Board may recommend tha
any reasonable expenses incurred by the appellant in relation to the appeal be
paid, and, where the Board so recommends, an amount equal to those expenses, a
assessed by the Board, shall be paid to the appellant.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 45
Expenses of witnesses
45. Where the Chairman of the Disciplinary Appeal Board is of the opinion
that the evidence given by a person appearing at the hearing of a disciplinary
appeal or a document that he has produced at the hearing is material to the
appeal, the person is entitled to be paid such fees and travelling expenses as
the Chairman determines in accordance with the scale in the Second Schedule to
the Public Works Committee Regulations as in force from time to time.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 46
Giving or furnishing of notices, &c.
46. All notices, orders or other documents that are required under these
Regulations to be furnished or given to a person may be so furnished or given
being delivered to that person or by being posted to the last-known address of
that person.
COMMONWEALTH TEACHING SERVICE REGULATIONS - REG 47
Protection of witnesses
47. Subject to these Regulations, a person summoned to attend or appearing
at the hearing of a disciplinary appeal has the same protection and is, in
addition to the penalties provided by these Regulations, subject to the same
liabilities in any civil or criminal proceedings, as a witness in proceedings
the Supreme Court of the Australian Capital Territory.
COMMONWEALTH TEACHING SERVICE REGULATIONS - SCHEDULE 2
SCH
SCHEDULE 2
FORMS
FORM 1
Regulation
NOTICE OF DISCIPLINARY ACTION
TO: (name and last-known address of the officer)
You are hereby given notice in pursuance of regulation 35 of the Commonwealth
Teaching Service Regulations-
(a) of the following action taken against you, namely (details of
disciplinary action taken against officer); and
(b) that you have a right of appeal against that action under
section 36 of the Commonwealth Teaching Service Act 1972, your rights
in this matter
together with the steps necessary to be taken by you to pursue your
right of
appeal being set out in that Act and the regulations made under it.
DATED this day of 19 .
(relevant authority).
----------
FORM 2
Regulation
APPEAL AGAINST DISCIPLINARY ACTION
TO the (relevant authority),
Commonwealth Teaching Service.
I, (name of officer), of (address of officer), hereby appeal, in
pursuance of section 36 of the Commonwealth Teaching Service Act 1972,
to the Disciplinary Appeal Board against disciplinary action taken against me,
namely (details of action taken). The ground (or grounds) of my
appeal is (or are) as follows:
DATED this day of 19 .
(Signature)
------------------------------------------------------------------------------
|