Education (School Administrative and Support Staff) Regulation 2008 (NSW)

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Education (School Administrative and Support Staff) Act 1987.

Minister for Education and Training

1Name of Regulation

This Regulation is the Education (School Administrative and Support Staff) Regulation 2008.

2Commencement

This Regulation commences on 1 September 2008.

Note—

This Regulation replaces the Education (School Administrative and Support Staff) Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3Interpretation(1)

In this Regulation:

the Act means the Education (School Administrative and Support Staff) Act 1987.

(2)

Notes in this Regulation do not form part of this Regulation.

4Health assessments(1)

For the purposes of section 10 of the Act, a person satisfies a medical assessment or examination as to the person’s health if the person is found to be fit to carry out the duties of the position after a health assessment under this clause.

(2)

Fitness to carry out the duties of the position includes the ability to carry out those duties without endangering the health and safety of the public, of other persons employed within the Department and of the person concerned.

(3)

The health assessment is to be in the form considered necessary by the Director-General.

(4)

That form may include (but is not limited to) any one or more of the following:

• (a)

  a declaration (which may be a statutory declaration if required) provided by the person concerning any illness, disability or condition of which the person is aware that might make the person unfit to carry out the duties of the position,

• (b)

  a medical examination by a medical practitioner approved by the Director-General,

• (c)

  an examination by a medical practitioner, an optometrist or other appropriately qualified health care professional approved by the Director-General of a particular aspect of the person’s health likely to detrimentally affect the person’s capacity to carry out the duties of the position.

(5)

The Director-General is to give the health care professional providing the health assessment referred to in subclause (4) (c) any requested information about the duties of the position concerned that is reasonably required for the purpose of providing the health assessment.

5Savings

Any act, matter or thing that, immediately before the repeal of the Education (School Administrative and Support Staff) Regulation 2003, had effect under that Regulation continues to have effect under this Regulation.