Teaching Services Act 1980 Teaching Services (Education Teaching Service) Amendment Regulation 1997 (1997-133) [GG No 35 of 8.4.1997, p 1891] (NSW)

1997 No 133

New South Wales

Teaching Services (Education

Teaching Service) Amendment

Regulation 1997

under the

Teaching Services Act 1980

His Excellency the Governor, with the advice of the Executive Council, has approved the following Regulation made by the Director-General of the Department of School Education under the Teaching Services Act 1980.

JOHN AQUILINA, M.P.,

Minister for Education.

Explanatory note
The object of this Regulation is to amend the Teaching Services (Education

Teaching Service) Regulation 1994 so as to require a charge of breach of

discipline against a member of staff to be noted on a record separate from the member’s personal record if the charge is a charge that the member has engaged in conduct of a sexual nature involving children or students. The record is to be kept under strictly limited access as approved by the Director-General of the Department of School Education. If the charge is not proved, that fact must also be noted on that separate record.

This Regulation is made under the Teaching Services Act 1980, including section 100 (the general regulation making power) and in particular section 100 (1) (b) and (h).

Published in Gazette No 35 of 8 April 1997, page 1891 Page 1

1997 No 133

Clause 1 Teaching Services (Education Teaching Service) Amendment Regulation 1997

Teaching Services (Education Teaching Service)

Amendment Regulation 1997

1 Name of Regulation

This Regulation is the Teaching Services (Education Teaching

Service) Amendment Regulation 1997.

2     Commencement

This Regulation commences on 8th day of April 1997.

3 Amendment of Teaching Services (Education Teaching Service) Regulation 1994

The Teaching Services (Education Teaching Service) Regulation

1994 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 133

Teaching Services (Education Teaching Service) Amendment Regulation 1997

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Clause 19

Omit the clause. Insert instead:

19 Charge not proved

(1)	If a charge of breach of discipline against a member of staff is found not to be proved, any suspension of the member must immediately be removed.
(2)	If a charge of breach of discipline against a member of staff is found not to be proved, the charge must not be recorded in (or, if already recorded, must be removed from) the member’s personal record.
(3)	If a charge is a charge that the member of staff has engaged in disgraceful or improper conduct, being conduct of a sexual nature involving children or students, the charge must be recorded separately from the member’s personal record and kept under strictly limited access as approved by the Director-General.
(4)	If a charge referred to in subclause (3) is found not to be proved, that fact must also be noted on the record referred to in that subclause.