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This is a Bill, not an Act. For current law, see the Acts databases.


TEACHING SERVICE AMENDMENT (TRANSFERS) BILL 2014





                                      New South Wales




Teaching Service Amendment (Transfers)
Bill 2014

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to amend the Teaching Service Act 1980 to restore the substantive effect
of provisions relating to the transfer of officers within the Teaching Service that applied under the
general government sector staff transfer provisions (sections 86A and 87) of the Public Sector
Employment and Management Act 2002 immediately before its repeal by the Government Sector
Employment Act 2013. The Government Sector Employment Act 2013 continued provisions
relating to the transfer of staff between the services of the Crown, but left transfers within a service
of the Crown (other than the Public Service) to be regulated by the separate provisions that apply
to those other services. The Teaching Service Act 1980 does not currently contain specific
provision relating to transfers between schools.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.

Schedule 1              Principal amendments of Teaching Service Act
                        1980 No 23
Schedule 1 [1] removes a note that refers to the application to the Teaching Service of the general
public sector transfer provisions of the Public Sector Employment and Management Act 2002 that
have now been repealed by the Government Sector Employment Act 2013.



b2014-018-33.d06
Teaching Service Amendment (Transfers) Bill 2014 [NSW]
Explanatory note



Schedule 1 [2] inserts section 51A into the Act to restore the substantive effect of those repealed
provisions (sections 86A and 87) in relation to the permanent or temporary transfer of officers
within the Teaching Service. Under the transfer provisions:
(a) the Secretary of the Department of Education and Communities is required to consult an
      officer about a permanent transfer, and
(b) an officer may request (but is not entitled to) a transfer, and
(c) the Secretary may transfer an officer with or without the officer's consent, and
(d) a transfer may be made to any workplace location in the State, and
(e) an officer is entitled to be transferred at the officer's existing level of remuneration.
Schedule 1 [3] amends section 75 of the Act to confirm the power to terminate the employment
of an officer who refuses to comply with a direction for the officer's transfer to another position.

Schedule 2             Law revision amendments of Teaching Service
                       Act 1980 No 23
The Schedule makes law revision amendments to take account of changes made by the
Government Sector Employment Act 2013 to government sector employment arrangements.




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                                                                                First print




                                  New South Wales




Teaching Service Amendment (Transfers)
Bill 2014
Contents
                                                                                     Page


              1    Name of Act                                                          2
              2    Commencement                                                         2
     Schedule 1    Principal amendments of Teaching Service Act 1980 No 23              3
     Schedule 2    Law revision amendments of Teaching Service Act 1980 No 23           4




b2014-018-33.d06
                                    New South Wales




Teaching Service Amendment (Transfers)
Bill 2014

No     , 2014


A Bill for
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.
Teaching Service Amendment (Transfers) Bill 2014 [NSW]




The Legislature of New South Wales enacts:                                      1

 1    Name of Act                                                               2

             This Act is the Teaching Service Amendment (Transfers) Act 2014.   3

 2    Commencement                                                              4

             This Act commences on the date of assent to this Act.              5




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Teaching Service Amendment (Transfers) Bill 2014 [NSW]
Schedule 1 Principal amendments of Teaching Service Act 1980 No 23



Schedule 1             Principal amendments of Teaching Service Act                                       1
                       1980 No 23                                                                         2

[1]   Section 44 The Teaching Service                                                                     3

      Omit the note to the section.                                                                       4

[2]   Section 51A                                                                                         5

      Insert after section 51:                                                                            6

      51A   Transfer of officers within the Teaching Service (cf ss 86A and 87 PSEM Act 2002)             7

             (1)   The Secretary may, subject to this section, transfer an officer of the Teaching        8
                   Service to another position within the Teaching Service.                               9

             (2)   A transfer of an officer under this section may be temporary or, following            10
                   consultation with the officer, permanent.                                             11

             (3)   An officer may request a transfer under this section, but is not entitled to be       12
                   transferred at his or her request.                                                    13

             (4)   The Secretary may transfer an officer under this section without a request or         14
                   the consent of the officer.                                                           15

             (5)   An officer may be transferred under this section to any different workplace           16
                   location in the State.                                                                17

             (6)   The Secretary is not required to transfer an officer to another workplace             18
                   location (whether or not under this section) if the Secretary considers that there    19
                   is no reasonable prospect of ongoing work for the officer at the other location.      20

             (7)   A transfer under this section is to be made at the officer's existing level of        21
                   salary. However:                                                                      22
                   (a) a transfer may be made at a level of salary that is higher or lower than          23
                          the existing level of salary if the percentage variation is within the range   24
                          determined by the Secretary as a minor variation, or                           25
                   (b) a transfer may be made at any lower level of salary with the consent of           26
                          the officer.                                                                   27

             (8)   An officer transferred under this section must possess the qualifications             28
                   required for the position to which the officer is transferred.                        29

             (9)   A permanent appointment may be made to the original position of an officer            30
                   temporarily transferred under this section:                                           31
                    (a) if the officer consents, or                                                      32
                   (b) if the transfer has continued or is likely to continue for more than 12           33
                        months, the officer is advised of the proposed appointment and the               34
                        officer is given a reasonable opportunity to terminate the transfer and          35
                        return to his or her original position.                                          36

            (10)   Nothing in this section (apart from subsection (6)):                                  37
                   (a) affects any other method (statutory or otherwise) by which officers can           38
                         transfer or be transferred, or                                                  39
                   (b) affects a direction under the procedural guidelines issued under section          40
                         93D that an officer undertake alternative duties at any location.               41

[3]   Section 75 Refusal to comply with directions                                                       42

      Insert "or transfer" after "officer's removal".                                                    43



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Teaching Service Amendment (Transfers) Bill 2014 [NSW]
Schedule 2 Law revision amendments of Teaching Service Act 1980 No 23



Schedule 2             Law revision amendments of Teaching Service                                    1
                       Act 1980 No 23                                                                 2

 [1]   Section 4 (1), definitions of "Director-General" and "senior executive officer"                3

       Omit the definitions.                                                                          4

 [2]   Section 4 (1)                                                                                  5

       Insert in alphabetical order:                                                                  6
                     Secretary means the Secretary of the Department.                                 7

 [3]   Whole Act (except Schedule 3)                                                                  8

       Omit "Director-General" wherever occurring. Insert instead "Secretary".                        9

 [4]   Section 6 General responsibility                                                              10

       Omit section 6 (3).                                                                           11

 [5]   Section 8 Delegation of functions                                                             12

       Omit paragraph (b) of the definition of authorised person in section 8 (3). Insert instead:   13
                   (b) a Public Service employee, or                                                 14

 [6]   Section 9 Acting appointment as Secretary                                                     15

       Omit "Despite section 13 of the Public Sector Employment and Management Act 2002".            16

       Insert instead "Despite section 24 of the Government Sector Employment Act 2013".             17

 [7]   Section 13 Determination of conditions of employment                                          18

       Omit section 13 (2).                                                                          19

 [8]   Section 45 Transfer of persons from former Teaching Service                                   20

       Omit the section.                                                                             21

 [9]   Section 48 Appointments on probation                                                          22

       Omit section 48 (7).                                                                          23

[10]   Section 62 No appeal to Industrial Relations Commission                                       24

       Omit the section.                                                                             25

[11]   Section 76 Retirement or transfer of officers through invalidity or incapacity                26

       Omit section 76 (1) (e) (ii). Insert instead:                                                 27
                          (ii) to ongoing employment in the Public Service (with the approval        28
                                  of the head of the Public Service agency concerned),               29

[12]   Section 76 (1) (e)                                                                            30

       Insert "or employment" after "that position".                                                 31

[13]   Section 78A Sections 72-78 not to apply to senior executive officers                          32

       Omit the section.                                                                             33




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Teaching Service Amendment (Transfers) Bill 2014 [NSW]
Schedule 2 Law revision amendments of Teaching Service Act 1980 No 23


[14]   Section 93B Definitions                                                               1
       Omit "except in the case of a senior executive officer--" from paragraph (c) of the   2
       definition of disciplinary action in section 93B (1).                                 3

[15]   Section 93N Effect of dismissal of senior executive officers                          4

       Omit the section.                                                                     5




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