Teaching Service Amendment (Transfers) Act 2014 (NSW)

An Act to amend the Teaching Service Act 1980 in relation to the transfer of officers employed in the Teaching Service and for the purposes of law revision.

1Name of Act

This Act is the Teaching Service Amendment (Transfers) Act 2014.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Principal amendments of Teaching Service Act 1980 No 23[1]Section 44 The Teaching Service

Omit the note to the section.

[2]Section 51A

Insert after section 51:

51ATransfer of officers within the Teaching Service(cf ss 86A and 87 PSEM Act 2002)(1)

The Secretary may, subject to this section, transfer an officer of the Teaching Service to another position within the Teaching Service.

(2)

A transfer of an officer under this section may be temporary or, following consultation with the officer, permanent.

(3)

An officer may request a transfer under this section, but is not entitled to be transferred at his or her request.

(4)

The Secretary may transfer an officer under this section without a request or the consent of the officer.

(5)

An officer may be transferred under this section to any different workplace location in the State.

(6)

The Secretary is not required to transfer an officer to another workplace location (whether or not under this section) if the Secretary considers that there is no reasonable prospect of ongoing work for the officer at the other location.

(7)

A transfer under this section is to be made at the officer’s existing level of salary. However:

• (a)

  a transfer may be made at a level of salary that is higher or lower than the existing level of salary if the percentage variation is within the range determined by the Secretary as a minor variation, or

• (b)

  a transfer may be made at any lower level of salary with the consent of the officer.

(8)

An officer transferred under this section must possess the qualifications required for the position to which the officer is transferred.

(9)

A permanent appointment may be made to the original position of an officer temporarily transferred under this section:

• (a)

  if the officer consents, or

• (b)

  if the transfer has continued or is likely to continue for more than 12 months, the officer is advised of the proposed appointment and the officer is given a reasonable opportunity to terminate the transfer and return to his or her original position.

(10)

Nothing in this section (apart from subsection (6)):

• (a)

  affects any other method (statutory or otherwise) by which officers can transfer or be transferred, or

• (b)

  affects a direction under the procedural guidelines issued under section 93D that an officer undertake alternative duties at any location.

[3]Section 75 Refusal to comply with directions

Insert “or transfer” after “officer’s removal”.

Schedule 2Law revision amendments of Teaching Service Act 1980 No 23[1]Section 4 (1), definitions of “Director-General” and “senior executive officer”

Omit the definitions.

[2]Section 4 (1)

Insert in alphabetical order:

Secretary means the Secretary of the Department.

[3]Whole Act (except Schedule 3)

Omit “Director-General” wherever occurring. Insert instead “Secretary”.

[4]Section 6 General responsibility

Omit section 6 (3).

[5]Section 8 Delegation of functions

Omit paragraph (b) of the definition of authorised person in section 8 (3). Insert instead:

(b)

a Public Service employee, or

[6]Section 9 Acting appointment as Secretary

Omit “Despite section 13 of the Public Sector Employment and Management Act 2002”.

Insert instead “Despite section 24 of the Government Sector Employment Act 2013”.

[7]Section 13 Determination of conditions of employment

Omit section 13 (2).

[8]Section 45 Transfer of persons from former Teaching Service

Omit the section.

[9]Section 48 Appointments on probation

Omit section 48 (7).

[10]Section 62 No appeal to Industrial Relations Commission

Omit the section.

[11]Section 76 Retirement or transfer of officers through invalidity or incapacity

Omit section 76 (1) (e) (ii). Insert instead:

(ii)

to ongoing employment in the Public Service (with the approval of the head of the Public Service agency concerned),

[12]Section 76 (1) (e)

Insert “or employment” after “that position”.

[13]Section 78A Sections 72–78 not to apply to senior executive officers

Omit the section.

[14]Section 93B Definitions

Omit “except in the case of a senior executive officer—” from paragraph (c) of the definition of disciplinary action in section 93B (1).

[15]Section 93N Effect of dismissal of senior executive officers

Omit the section.