Education (School Administrative and Support Staff) Regulation 2024 (NSW)

1Name of regulation

This regulation is the Education (School Administrative and Support Staff) Regulation 2024.

2Commencement

This regulation commences on the day on which it is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Education (School Administrative and Support Staff) Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

In this regulation—

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

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4Health assessments(1)

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

(2)

The health assessment must be in the form approved by the Secretary.

(3)

The form may include the following—

• (a)

  a declaration or a statutory declaration given by the person concerning an illness, disability or condition that the person is aware might make the person unfit to carry out the duties of the position,

• (b)

  a medical examination by a medical practitioner approved by the Secretary,

• (c)

  an examination 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 and performed by—

  • (i)

    a medical practitioner, or

  • (ii)

    an optometrist, or

  • (iii)

    an appropriately qualified healthcare professional approved by the Secretary.

(4)

The person carrying out the health assessment referred to in subsection (3)(b) or (c) may make a request to the Secretary for information that—

• (a)

  relates to the duties of the position concerned, and

• (b)

  is reasonably required to carry out the health assessment.

(5)

The Secretary must give the requested information to the person.

(6)

In this section—

fit to carry out the duties, for a position, includes the ability of a person to carry out the duties without endangering the health and safety of—

• (a)

  the person, or

• (b)

  the public, or

• (c)

  other persons employed in the Department.

5Repeal and savings(1)

The Education (School Administrative and Support Staff) Regulation 2018 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Education (School Administrative and Support Staff) Regulation 2018, had effect under that regulation continues to have effect under this regulation.

Historical notesTable of amending instruments

Education (School Administrative and Support Staff) Regulation 2024 (341). LW 9.8.2024. Date of commencement, on publication on LW, sec 2.