Commonwealth Teaching Service Act 1972
No. 13, 1972
Compilation date: 6 December 1988
Includes amendments up to: Act No. 109, 1988
About this compilation
This compilation
This is a compilation of the Commonwealth Teaching Service Act 1972 that shows the text of the law as amended and in force on 6 December 1988 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short Title
2 Commencement
4 Interpretation
5 Application of Act
Part II—Administration
6 Object of Act
7 Functions of relevant authorities
8 Delegation
Part III—The Commonwealth Teaching Service
Division 1—Establishment of the Service
19 Establishment of Commonwealth Teaching Service
Division 2—Officers and Employees
20 Officers
21 Recruitment of officers
22 Appointments to be on probation
23 Employees
Division 3—Classifications and Promotions
25 Creation and abolition of positions
26 Reclassification
27 Filling of vacant positions
28 Selection of officers for promotion or transfer
29 Appeals against promotions
30 Promotions Appeal Boards
Division 4—Joint Selection Committees
31 Transfer or promotion on advice of Joint Selection Committee
32 Joint Selection Committee
33 Procedure of Joint Selection Committee
34 Arrangements where no Joint Selection Committee or where advice of Committee not accepted
34A Promotion and transfer on advice of Joint Selection Committee not subject to appeal
Division 5—Forfeiture of Office
34B Forfeiture of office
34C Re‑appointment of officers and temporary employees deemed to have retired under section 34B
Division 5A—Attachment of Salaries
34D Attachment of salaries of officers
Division 6—Dismissals and Punishments
35 Disciplinary action for misconduct
36 Appeals
37 Disciplinary Appeal Board
Division 10—Transfer of certain members to the Teaching Service of the Northern Territory
43R Interpretation
43S Minister to be satisfied as to form of Northern Territory law
43T Minister may transfer members to Teaching Service of Northern Territory
43U Right to re‑enter Commonwealth Teaching Service by way of transfer or promotion
43V Application for re‑appointment to Service
43W Re‑appointment to Service
43X Rights of officers upon re‑appointment
43Y Constitution of, and inquiries by, committees
PART IV—Commonwealth Teaching Service Scholarships
44 Commonwealth Teaching Service Scholarships
45 Benefits to be by way of financial assistance
46 Payment of benefits under scholarships
47 Tenure of…
Overview
The Commonwealth Teaching Service Act 1972 was enacted to establish a Commonwealth Teaching Service, providing for the employment of individuals to perform teaching duties in Commonwealth schools and other designated schools. The Act applies both within and outside Australia, extending to all territories. The primary objective of the Act is to facilitate the availability of qualified personnel for teaching duties in various educational settings. The Act was enacted by the Commonwealth Parliament and provides for the establishment, administration, and regulation of the Commonwealth Teaching Service, including the recruitment, classification, promotion, and disciplinary actions for officers and employees within the service. The Act also outlines provisions for the transfer of certain members to the Teaching Service of the Northern Territory and the granting of Commonwealth Teaching Service Scholarships.
Scope and Application
The Commonwealth Teaching Service Act 1972 (Act) applies to the employment of persons who are to be made available for the performance of teaching duties in Commonwealth schools and certain other schools, both within and outside Australia, and extends to all the Territories. The Act applies to officers (permanent employees) and temporary employees within the Commonwealth Teaching Service (the Service). The Service is divided into several components, including the Australian Capital Territory Schools component, the Australian Capital Territory Technical and Further Education component, a general component, and any other prescribed components. The Act governs the recruitment, classification, promotions, disciplinary actions, and other employment-related matters for officers and temporary employees within the Service. The Act also provides for the establishment of Commonwealth Teaching Service Scholarships for students undertaking approved courses of study at universities or advanced education institutions. The Act allows for the transfer of certain members of the Service to the Teaching Service of the Northern Territory under specific conditions, and provides for the rights and procedures related to re-employment of such transferred members in the Service. The Act includes provisions for the delegation of powers, annual reporting, and making of regulations necessary for its effective implementation.
Key Provisions
- The Commonwealth Teaching Service Act 1972 establishes and governs the Commonwealth Teaching Service, which is designed to provide personnel for teaching duties in Commonwealth schools and certain other schools. The Act outlines the key provisions governing the establishment, administration, and operation of the Service, including the recruitment, classification, promotion, and disciplinary actions for officers within the Service.
- The Act mandates that the Service consists of officers and temporary employees appointed or engaged to perform teaching duties. Officers must be Australian citizens and meet specific qualifications, health, and fitness standards. Temporary employees can be engaged for services related to the Service's components. The Act also provides for the creation and abolition of positions, the reclassification of positions, and the selection and promotion of officers based on efficiency and qualifications.
- In terms of disciplinary actions, the Act allows for the suspension, reduction of salary, fine, or dismissal of officers found guilty of misconduct. Appeals against disciplinary actions can be made to a Disciplinary Appeal Board, which has the authority to confirm, vary, or set aside the decision of the relevant authority. Additionally, the Act includes provisions for the attachment of salaries to satisfy judgment debts against officers and the establishment of Commonwealth Teaching Service Scholarships to support full-time or part-time studies at approved institutions.
- Breaches of the Act can result in civil or criminal penalties. For example, failure to comply with a direction to return to duty after an extended absence without permission can result in the forfeiture of office. Officers found guilty of misconduct can face fines, salary reductions, or dismissal. The Act also provides for the establishment of appeal boards and committees to handle appeals and disciplinary matters, ensuring that decisions are made impartially and in accordance with the law.
- Overall, the Commonwealth Teaching Service Act 1972 provides a comprehensive framework for the administration and operation of the Commonwealth Teaching Service, ensuring that qualified and efficient personnel are available for teaching duties in Commonwealth schools and other specified institutions.
- Area of Law
- Administrative Law
- Public Sector Employment Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Delegation
- Repeal & Amendment
- Classifications and Promotions
- Dismissals and Punishments
- Enforcement Powers
- Administrative Discretion
