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This is a Bill, not an Act. For current law, see the Acts databases.
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general public sector transfer provisions of the Public Sector Employment and Management Act 2002 that have now been repealed by the Government Sector Employment Act 2013.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2014 [NSW] Explanatory note Schedule 1 [2] inserts section 51A into the Act to restore the substantive effect of those repealed provisions (sections 86A and 87) in relation to the permanent or temporary transfer of officers within the Teaching Service.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. Page 2 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 Page 2 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 Page 3 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 Page 4 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 Page 5
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