Table Of Contents

Education Legislation Amendment (Staff) Act 2006 No 24

An Act to amend the Teaching Service Act 1980, the Technical and Further Education Commission Act 1990 and the Education (School Administrative and Support Staff) Act 1987 to provide for the termination of employment of educational staff who are prohibited from being employed in child-related employment and to make further provision with respect to the management of the conduct and performance of educational staff; and for other purposes.
1   Name of Act
This Act is the Education Legislation Amendment (Staff) Act 2006.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Amendment of Teaching Service Act 1980 No 23
The Teaching Service Act 1980 is amended as set out in Schedules 1.1 and 2.1.
6   Consequential amendment of other Act and instruments
The Act and instruments specified in Schedule 3 are amended as set out in that Schedule.
8   Repeal of this Act
(1)  This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
(2)  The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendments relating to management of conduct and performance of staff
(Sections 3, 4 and 5)
1.1 Teaching Service Act 1980 No 23
[1]   Section 5A
Insert after section 5:
  
5A   Protection of children to be paramount consideration
(1)  The protection of children is to be the paramount consideration:
(a)  in taking any action with respect to an officer or temporary employee under this Act, and
(b)  in dealing with any appeal against, or determining any claim arising from or in relation to, that action.
(2)  This section has effect despite anything in the Industrial Relations Act 1996 or any other Act or law.
[2]   Section 8 Delegation of functions
Omit section 8 (1) (b). Insert instead:
  
(b)  the functions conferred or imposed under section 100.
[3]   Section 8 (3), definition of “authorised person”
Omit paragraph (c). Insert instead:
  
(c)  a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the TAFE Commission Division of the Government Service.
[4]   Section 48 Appointments on probation
Omit section 48 (3) and (4). Insert instead:
  
(3)  If a person’s appointment is so annulled, the person ceases to be an officer, unless appointed to another position as an officer.
[5]   Section 48 (5)
Omit “or against any determination of the Director-General made under subsection (4)”.
[6]   Section 48 (6)
Omit the subsection. Insert instead:
  
(6)  Action is not required to be taken under Part 4A in order to annul an appointment under subsection (2).
[7]   Section 50 Temporary employees
Omit section 50 (6).
[8]   Part 4, Division 3 Performance management for school principals
Omit the Division.
[9]   Part 4, Division 6 Discipline and conduct
Omit the Division.
[10]   Sections 92A–92C
Insert after section 92:
  
92A   Officers and temporary employees to report bankruptcy etc
If an officer or temporary employee becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the officer’s or the temporary employee’s creditors, the officer or temporary employee must:
(a)  immediately give to the Director-General notice of the bankruptcy, composition, arrangement or assignment, and
(b)  within such period as the Director-General specifies, provide the Director-General with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the Director-General requires.
92B   Officers and temporary employees not to undertake other paid work without permission
(1)  An officer or temporary employee is not to undertake any other paid work without the permission of the Director-General.
(2)  The Director-General may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.
(3)  Any such guidelines must be made available to officers and temporary employees in such manner as the Director-General thinks appropriate.
(4)  This section does not apply to a temporary employee employed on a casual basis.
92C   Director-General to be notified of serious offences committed by officers and temporary employees
(1)  An officer or temporary employee who:
(a)  is charged with, or who is found guilty of, an offence that is punishable by imprisonment for 12 months or more, or
(b)  is charged with, or who is found guilty elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable,
must immediately report that fact to the Director-General.
(2)  On becoming aware of the fact that an officer or temporary employee has been charged with, or has been found guilty of, an offence referred to in subsection (1), the person in charge of the school or place of work in which the officer or temporary employee is employed must also immediately report that fact to the Director-General.
(3)  The requirement to report to the Director-General under this section does not apply if the matter has already been reported to the Director-General under section 93U.
[11]   Part 4A
Insert after Part 4:
  
Part 4A Management of conduct and performance
Division 1 Preliminary
93A   Objects of Part
The objects of this Part are as follows:
(a)  to maintain appropriate standards of conduct and work-related performance for officers in the Teaching Service,
(b)  to protect and enhance the integrity and reputation of the Teaching Service,
(c)  to ensure that the public interest is protected.
93B   Definitions
(1)  In this Part:
disciplinary action, in relation to an officer, means any one or more of the following:
(a)  dismissal from the Teaching Service,
(b)  directing the officer to resign, or to be allowed to resign, from the Teaching Service within a specified time,
(c)  except in the case of a senior executive officer—reduction of the officer’s salary or demotion to a lower position in the Teaching Service,
(d)  the imposition of a fine,
(e)  a caution or reprimand.
misconduct—see section 93C.
procedural guidelines means the guidelines in force from time to time under section 93D.
remedial action, in relation to an officer, means any one or more of the following:
(a)  counselling,
(b)  training and development,
(c)  monitoring the officer’s conduct or performance,
(d)  implementing a plan addressing unsatisfactory performance,
(e)  the issuing of a warning to the officer that certain conduct is unacceptable or that the officer’s performance is not satisfactory,
(f)  transferring the officer to another position in the Teaching Service that does not involve a reduction of salary or demotion to a lower position,
(g)  any other action of a similar nature.
(2)  In this Part, a reference to an allegation that an officer may have engaged in misconduct includes a reference to the Director-General being made aware, or becoming aware, by any means that the officer may have engaged in misconduct.
93C   Meaning of “misconduct”
(1)  For the purposes of this Part, misconduct includes, but is not limited to, any of the following:
(a)  a contravention of any provision of this Act or the regulations,
(b)  engaging in, or having engaged in, any conduct that justifies the taking of disciplinary action,
(c)  taking any detrimental action (within the meaning of the Protected Disclosures Act 1994) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,
(d)  taking any action against a person that is substantially in reprisal for an internal disclosure made by that person.
(2)  For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:
(a)  while the officer concerned was not on duty, or
(b)  before the officer was appointed to his or her position.
(3)  In this section, internal disclosure means a disclosure made in good faith by a person regarding the alleged misconduct of another person.
93D   Issuing of procedural guidelines
(1)  The Director-General may, from time to time, issue guidelines for the purposes of:
(a)  dealing with allegations of misconduct against officers as a disciplinary matter, and
(b)  the taking of disciplinary action with respect to officers under this Part, including disciplinary action in relation to unsatisfactory performance, and
(c)  any other matter referred to in this Part.
(2)  The procedural guidelines must be consistent with the rules of procedural fairness.
(3)  Without limiting subsection (2), the procedural guidelines are to ensure that:
(a)  an officer to whom an allegation of misconduct relates:
(i)  is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the officer, and
(ii)  is given an opportunity to respond to the allegation, and
(b)  an officer against whom the Director-General is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.
(4)  The Director-General may from time to time amend, revoke or replace the procedural guidelines.
(5)  The procedural guidelines as in force from time to time must be made publicly available in such manner as the Director-General thinks appropriate.
(6)  The regulations under section 100 may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in those regulations, the regulations prevail.
93E   Requirements relating to disciplinary matters
(1)  An officer is not entitled to cross-examine any person in relation to an allegation of misconduct or the taking of disciplinary action against the officer.
(2)  A hearing involving the legal representation of parties and the calling of witnesses is not to be held in relation to an allegation of misconduct or the taking of disciplinary action against an officer.
(3)  Nothing in subsection (1) or (2) prevents the Director-General from:
(a)  conducting investigations into an allegation of misconduct, or
(b)  asking an officer a question in relation to an allegation of misconduct, or
(c)  conducting interviews with the officer to whom the allegation relates or with any other person in connection with the matter concerned, or
(d)  taking signed statements from the officer or any such person.
Division 2 Dealing with misconduct
93F   Dealing with an allegation of misconduct
(1)  If an allegation is made to the Director-General that an officer may have engaged in any misconduct, the Director-General may do either or both of the following:
(a)  deal with the allegation as a disciplinary matter in accordance with the procedural guidelines,
(b)  take remedial action with respect to the officer.
(2)  After dealing with an allegation of misconduct as a disciplinary matter in accordance with this Part and the procedural guidelines, the Director-General may, if the Director-General is of the opinion that the officer has engaged in any misconduct, decide to take disciplinary action with respect to the officer.
(3)  Before any disciplinary action is taken with respect to an officer under this section, the officer must be given an opportunity to make a submission in relation to the disciplinary action that the Director-General is considering taking.
(4)  Even though the Director-General decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Director-General may, at any stage of the process:
(a)  decide to take remedial action with respect to the officer concerned as well as dealing with the allegation as a disciplinary matter, or
(b)  decide to take remedial action with respect to the officer instead of dealing with the allegation as a disciplinary matter, or
(c)  decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter.
(5)  A decision under this section by the Director-General to take remedial action with respect to an officer does not, if it appears to the Director-General that the officer may have engaged in any misconduct while the remedial action is being taken, prevent the Director-General from dealing with the alleged misconduct as a disciplinary matter under this section.
Division 3 Performance management for officers
93G   Performance reviews for officers
(1)  An officer’s performance must be reviewed, at least annually, by the Director-General.
(2)  The Director-General may review the performance of an officer on such other occasions as the Director-General considers appropriate.
(3)  The review of an officer’s performance is to have regard to any performance criteria determined by the Director-General and such other matters as the Director-General considers relevant.
93H   Performance improvement programs
(1)  If, following completion of the review of an officer’s performance, the Director-General is of the opinion that the officer is not performing his or her duties in a satisfactory manner, the Director-General may implement a performance improvement program for the officer.
(2)  The officer must participate in any such performance improvement program in the manner required by the program.
(3)  A performance improvement program is to be on such terms, and is to be implemented for such period, as the Director-General considers appropriate.
93I   Dealing with unsatisfactory performance—school principals
(1)  If the Director-General is of the opinion that a school principal’s performance is still unsatisfactory following the completion of a performance improvement program for the principal or following the principal’s failure to participate in, or to satisfactorily complete, such a program, the Director-General may:
(a)  dismiss the school principal from the Teaching Service, or
(b)  demote the school principal to a lower position in the Teaching Service.
(2)  Before taking any such action with respect to a school principal, the Director-General must:
(a)  notify the principal in writing of the proposed action and the reasons for taking that action, and
(b)  give the principal at least 21 days in which to make written submissions to the Director-General in relation to the proposed action, and
(c)  take into consideration any written submissions received from the principal during that period.
(3)  This section does not limit or otherwise affect any power under this or any other Act to dismiss or demote a school principal or to suspend a school principal from duty.
93J   Dealing with unsatisfactory performance—officers other than school principals
(1)  This section applies to officers other than school principals.
(2)  If the Director-General is of the opinion that an officer’s performance is still unsatisfactory following the completion of a performance improvement program for the officer or following the officer’s failure to participate in, or to satisfactorily complete, such a program, the Director-General may do either or both of the following:
(a)  take remedial action with respect to the officer,
(b)  take disciplinary action with respect to the officer.
(3)  To avoid any doubt, remedial action with respect to an officer is not required to be taken before disciplinary action is taken under this section with respect to the officer.
(4)  However, the Director-General may take disciplinary action with respect to an officer under this section only if:
(a)  the officer has been placed on a performance improvement plan in accordance with the procedural guidelines and been given a reasonable opportunity to improve his or her performance, and
(b)  the Director-General is of the opinion that the officer’s performance is still unsatisfactory.
Division 4 Miscellaneous provisions
93K   Disciplinary action may be taken if officer is convicted of serious offence
(1)  If an officer is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable, the Director-General may decide to do either or both of the following:
(a)  take disciplinary action with respect to the officer,
(b)  take remedial action with respect to the officer.
(2)  Before any disciplinary action is taken with respect to an officer under this section, the officer must be given an opportunity to make a submission in relation to the disciplinary action that the Director-General is considering taking.
(3)  A reference in subsection (1) to the conviction of an officer for an offence punishable by imprisonment for 12 months or more includes a reference to the officer having been found guilty by a court of such an offence but where no conviction is recorded.
93L   Suspension of officers from duty pending decision in relation to misconduct or criminal conviction
(1)  If an allegation that an officer has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, the Director-General may suspend the officer from duty until the allegation of misconduct has been dealt with.
(2)  If an officer is charged with:
(a)  an offence referred to in section 93K, or
(b)  an offence that would, on conviction, result in the officer being a prohibited person as referred to in Part 4B,
the Director-General may suspend the officer from duty until the officer is notified by the Director-General that the suspension has been lifted.
(3)  Any salary payable to a person as an officer while the person is suspended from duty under this section is (if the Director-General so directs) to be withheld.
(4)  The salary withheld under subsection (3) is forfeited to the State unless the Director-General otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.
93M   Implementation of decisions under this Part
A decision of the Director-General to take any action under this Part with respect to an officer may be carried into effect at any time.
93N   Effect of dismissal of senior executive officers
If a senior executive officer is dismissed from the Teaching Service under this Part:
(a)  the term for which the officer was appointed is to be regarded as having come to an end, and
(b)  no compensation is payable in respect of the dismissal.
93O   Provisions relating to certain forms of disciplinary action
(1)  Any appointment required as the result of the taking of disciplinary action (or any other action under this Part) comprising demotion to a lower position in the Teaching Service is to be made by the Director-General.
(2)  If a fine is imposed under this Part on an officer, the person responsible for paying the officer’s salary is, on receiving notice of the imposition of the fine, to deduct the amount of the fine from the salary (including any termination payment) payable to the officer in such manner as the Director-General directs.
93P   Officers retiring or resigning before disciplinary action is taken
(1)  An allegation that an officer has engaged in misconduct may be dealt with under this Part, and disciplinary action may be taken with respect to the officer, even though the officer has retired or resigned.
(2)  The taking of disciplinary action (other than a fine) with respect to the former officer does not affect the former officer’s retirement or resignation or the benefits, rights and liabilities arising from the retirement or resignation.
(3)  A fine imposed under any such disciplinary action may be recovered from the former officer as a debt due to the Crown in any court of competent jurisdiction, or out of any money payable to or in respect of the former officer by the Crown, or both.
(4)  A reference in this section to the resignation of an officer is a reference to a resignation that has been accepted by the Director-General.
93Q   Officer whose address is unknown
If the address for the time being of an officer is unknown to the Director-General, any notice required to be given to the officer under this Part may be posted to the address of the officer last known to the Director-General.
[12]   Section 100 Making of regulations by Director-General
Omit “discipline,” from section 100 (1) (h).
[13]   Schedule 3 Savings and transitional provisions
Insert at the end of clause 2 (1):
  
Education Legislation Amendment (Staff) Act 2006, but only to the extent that it amends this Act
[14]   Schedule 3, Part 4
Insert after Part 3:
  
Part 4 Provisions consequent on enactment of Education Legislation Amendment (Staff) Act 2006
16   Definition
In this Part:
amending Act means the Education Legislation Amendment (Staff) Act 2006.
17   Performance management for school principals
(1)  Any performance improvement program implemented (but not completed) in relation to a school principal under Division 3 of Part 4 of this Act (as in force immediately before the repeal of that Division by the amending Act) is to be completed under Part 4A of this Act as if the program had been implemented under that Part.
(2)  Any action pending, or any process leading up to the taking of any action, in relation to a school principal under Division 3 of Part 4 of this Act (as in force immediately before the repeal of that Division by the amending Act) is to be completed under Part 4A of this Act as if the action or process was initiated under that Part.
18   Prior conduct
Part 4A of this Act extends to conduct occurring before the commencement of that Part.
19   Existing disciplinary charges
If an officer or temporary employee has been charged with a breach of discipline under Division 6 of Part 4 of this Act that has not been finally determined before the repeal of that Division by the amending Act, the breach of discipline is to continue to be dealt with under the provisions of that Division as if it had not been repealed.
20   Existing monitoring procedures
Any breach of discipline being dealt with in accordance with clause 14 (2) of the Teaching Service Regulation 2001 before the repeal of that subclause by the amending Act is to be dealt with under Part 4A of this Act as if the breach of discipline was the subject of an allegation of misconduct made under that Part.
1.2 Technical and Further Education Commission Act 1990 No 118
[1]   Section 3 Definitions
Insert in alphabetical order in section 3 (1):
  
appropriate Division Head, in relation to a member of staff, has the same meaning as in the Public Sector Employment and Management Act 2002.
Note—
At the time this definition was inserted by the Education Legislation Amendment (Staff) Act 2006, the appropriate Division Head for staff employed in the TAFE Commission Division of the Government Service was the Managing Director of the TAFE Commission. The functions of an appropriate Division Head under this Act may be delegated under section 4F of the Public Sector Employment and Management Act 2002.
member of staff (or staff member) means a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the TAFE Commission Division of the Government Service.
[2]   Section 3 (3)
Insert after section 3 (2):
  
(3)  Notes included in this Act do not form part of this Act.
[3]   Sections 8 (3) and (4) (a), 11 (2) (b) and (3), 33 (a) and Schedule 1, clause 4 (2)
Omit “member of the staff of the TAFE Commission” wherever occurring.
Insert instead “member of staff”.
[4]   Part 6, heading
Omit “certain staff”. Insert instead “members of staff”.
[5]   Section 15 Application of Part
Omit the section.
[6]   Section 17 Regulations relating to members of staff
Omit section 17 (1). Insert instead:
  
(1)  The regulations may make provision for or with respect to members of staff, including the conditions of employment of any such staff.
[7]   Section 17 (2)
Omit “or the discipline of the staff to which this Part applies”.
Insert instead “of members of staff”.
[8]   Section 18 Appointments and promotion on merit
Omit “any staff to which this Part applies” from section 18 (1).
Insert instead “members of staff”.
[9]   Section 19 Legal proceedings not to be brought in respect of appointments etc
Omit “group of staff to which this Part applies” wherever occurring in section 19 (1) and (3).
Insert instead “TAFE Commission Division of the Government Service”.
[10]   Section 20 Incapable member of staff may be retired
Omit “to which this Part applies” from section 20 (a).
[11]   Section 20
Omit “(within the meaning of the Public Sector Employment and Management Act 2002)”.
[12]   Sections 21–21C
Insert after section 20:
  
21   Members of staff to report bankruptcy etc
If a member of staff becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the member’s creditors, the member must:
(a)  immediately give to the appropriate Division Head notice of the bankruptcy, composition, arrangement or assignment, and
(b)  within such period as the appropriate Division Head specifies, provide the Division Head with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the Division Head requires.
21A   Members of staff not to undertake other paid work without permission
(1)  A member of staff is not to undertake any other paid work without the permission of the appropriate Division Head.
(2)  The appropriate Division Head may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.
(3)  Any such guidelines must be made available to members of staff in such manner as the appropriate Division Head thinks appropriate.
(4)  This section does not apply to a member of staff employed on a casual basis.
21B   Notification of serious offences committed by members of staff
(1)  A member of staff who:
(a)  is charged with, or who is found guilty of, an offence that is punishable by imprisonment for 12 months or more, or
(b)  is charged with, or who is found guilty elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable,
must immediately report that fact to the appropriate Division Head.
(2)  On becoming aware of the fact that a member of staff has been charged with, or has been found guilty of, an offence referred to in subsection (1), the person in charge of the TAFE establishment at which the member is employed must also immediately report that fact to the appropriate Division Head.
(3)  The requirement to report to the appropriate Division Head under this section does not apply if the matter has already been reported under section 22U.
21C   List of persons not to be employed as a member of staff
The appropriate Division Head may prepare and maintain a list of persons who the appropriate Division Head determines are not to be employed as members of staff.
[13]   Section 22 Extended or long service leave
Omit “all staff to which this Part applies” from section 22 (1).
Insert instead “members of staff”.
[14]   Part 6A
Insert after Part 6:
  
Part 6A Management of conduct and performance
Division 1 Preliminary
22A   Application of Part
This Part does not apply to those members of staff who are employed on a temporary or casual basis.
22B   Objects of Part
The objects of this Part are as follows:
(a)  to maintain appropriate standards of conduct and work-related performance for members of staff,
(b)  to protect and enhance the integrity and reputation of the TAFE Commission and staff members,
(c)  to ensure that the public interest is protected.
22C   Protection of children to be paramount consideration
(1)  In such cases where the conduct of a member of staff relates to or involves children, the protection of children is to be the paramount consideration:
(a)  in taking any action with respect to a member of staff under this Part, and
(b)  in dealing with any appeal against, or determining any claim arising from or in relation to, that action.
(2)  This section has effect despite anything in the Industrial Relations Act 1996 or any other Act or law.
22D   Definitions
(1)  In this Part:
disciplinary action, in relation to a member of staff, means any one or more of the following:
(a)  dismissal from the Government Service,
(b)  directing the member of staff to resign, or to be allowed to resign, from the Government Service within a specified time,
(c)  except in the case of a senior executive officer—reduction of the member of staff’s salary or demotion to a lower position in the Government Service,
(d)  the imposition of a fine,
(e)  a caution or reprimand.
misconduct—see section 22E.
procedural guidelines means the guidelines in force from time to time under section 22F.
remedial action, in relation to a member of staff, means any one or more of the following:
(a)  counselling,
(b)  training and development,
(c)  monitoring the staff member’s conduct or performance,
(d)  implementing a plan addressing unsatisfactory performance,
(e)  the issuing of a warning to the staff member that certain conduct is unacceptable or that the staff member’s performance is not satisfactory,
(f)  transferring the staff member to another position in the Government Service that does not involve a reduction of salary or demotion to a lower position,
(g)  any other action of a similar nature.
senior executive officer has the same meaning as in the Public Sector Employment and Management Act 2002.
(2)  In this Part, a reference to an allegation that a member of staff may have engaged in misconduct includes a reference to the appropriate Division Head being made aware, or becoming aware, by any means that the staff member may have engaged in misconduct.
22E   Meaning of “misconduct”
(1)  For the purposes of this Part, misconduct includes, but is not limited to, any of the following:
(a)  a contravention of any provision of this Act or the regulations,
(b)  engaging in, or having engaged in, any conduct that justifies the taking of disciplinary action,
(c)  taking any detrimental action (within the meaning of the Protected Disclosures Act 1994) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,
(d)  taking any action against a person that is substantially in reprisal for an internal disclosure made by that person.
(2)  For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:
(a)  while the member of staff concerned was not on duty, or
(b)  before the staff member was appointed to his or her position.
(3)  In this section, internal disclosure means a disclosure made in good faith by a person regarding the alleged misconduct of another person.
22F   Issuing of procedural guidelines
(1)  The appropriate Division Head may, from time to time, issue guidelines for the purposes of:
(a)  dealing with allegations of misconduct against members of staff as a disciplinary matter, and
(b)  the taking of disciplinary action with respect to members of staff under this Part, including disciplinary action in relation to unsatisfactory performance, and
(c)  any other matter referred to in this Part.
(2)  The procedural guidelines must be consistent with the rules of procedural fairness.
(3)  Without limiting subsection (2), the procedural guidelines are to ensure that:
(a)  a member of staff to whom an allegation of misconduct relates:
(i)  is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the staff member, and
(ii)  is given an opportunity to respond to the allegation, and
(b)  a member of staff against whom the appropriate Division Head is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.
(4)  The appropriate Division Head may from time to time amend, revoke or replace the procedural guidelines.
(5)  The procedural guidelines as in force from time to time must be made publicly available in such manner as the appropriate Division Head thinks appropriate.
(6)  The regulations may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in the regulations, the regulations prevail.
(7)  The procedural guidelines may apply, adopt or incorporate the procedural guidelines issued under Part 4A of the Teaching Service Act 1980 with such modifications as are necessary.
22G   Requirements relating to disciplinary matters
(1)  A member of staff is not entitled to cross-examine any person in relation to an allegation of misconduct or the taking of disciplinary action against the staff member.
(2)  A hearing involving the legal representation of parties and the calling of witnesses is not to be held in relation to an allegation of misconduct or the taking of disciplinary action against the member of staff.
(3)  Nothing in subsection (1) or (2) prevents the appropriate Division Head from:
(a)  conducting investigations into an allegation of misconduct, or
(b)  asking a member of staff a question in relation to an allegation of misconduct, or
(c)  conducting interviews with the member of staff to whom the allegation relates or with any other person in connection with the matter concerned, or
(d)  taking signed statements from the member of staff or any such person.
Division 2 Dealing with misconduct
22H   Dealing with an allegation of misconduct
(1)  If an allegation is made to the appropriate Division Head that a member of staff may have engaged in any misconduct, the appropriate Division Head may do either or both of the following:
(a)  deal with the allegation as a disciplinary matter in accordance with the procedural guidelines,
(b)  take remedial action with respect to the staff member.
(2)  After dealing with an allegation of misconduct as a disciplinary matter in accordance with this Part and the procedural guidelines, the appropriate Division Head may, if the Division Head is of the opinion that the member of staff has engaged in any misconduct, decide to take disciplinary action with respect to the staff member.
(3)  Before any disciplinary action is taken with respect to a member of staff under this section, the staff member must be given an opportunity to make a submission in relation to the disciplinary action that the appropriate Division Head is considering taking.
(4)  Even though the appropriate Division Head decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Division Head may, at any stage of the process:
(a)  decide to take remedial action with respect to the member of staff concerned as well as dealing with the allegation as a disciplinary matter, or
(b)  decide to take remedial action with respect to the staff member instead of dealing with the allegation as a disciplinary matter, or
(c)  decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter.
(5)  A decision under this section by the appropriate Division Head to take remedial action with respect to a member of staff does not, if it appears to the Division Head that the member of staff may have engaged in any misconduct while the remedial action is being taken, prevent the Division Head from dealing with the alleged misconduct as a disciplinary matter under this section.
Division 3 Performance management for members of staff
22I   Performance reviews for members of staff
(1)  A staff member’s performance must be reviewed periodically by the appropriate Division Head.
(2)  The review of a staff member’s performance is to have regard to any performance criteria determined by the appropriate Division Head and such other matters as the Division Head considers relevant.
22J   Dealing with unsatisfactory performance
(1)  If the appropriate Division Head is of the opinion that a member of staff is not performing the staff member’s duties in a satisfactory manner, the Division Head may decide to do either or both of the following:
(a)  take remedial action with respect to the staff member,
(b)  take disciplinary action with respect to the staff member.
(2)  To avoid any doubt, remedial action with respect to a member of staff is not required to be taken before disciplinary action is taken under this section with respect to the staff member.
(3)  However, the appropriate Division Head may take disciplinary action with respect to a member of staff under this section only if:
(a)  the staff member has been placed on a performance improvement plan in accordance with the procedural guidelines and been given a reasonable opportunity to improve his or her performance, and
(b)  the Division Head is of the opinion that the staff member’s performance is still unsatisfactory.
Division 4 Miscellaneous provisions
22K   Disciplinary action may be taken if staff member is convicted of serious offence
(1)  If a member of staff is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable, the appropriate Division Head may decide to do either or both of the following:
(a)  take disciplinary action with respect to the staff member,
(b)  take remedial action with respect to the staff member.
(2)  Before any disciplinary action is taken with respect to a member of staff under this section, the staff member must be given an opportunity to make a submission in relation to the disciplinary action that the appropriate Division Head is considering taking.
(3)  A reference in subsection (1) to the conviction of a member of staff for an offence punishable by imprisonment for 12 months or more includes a reference to the staff member having been found guilty by a court of such an offence but where no conviction is recorded.
22L   Suspension of staff members from duty pending decision in relation to misconduct or criminal conviction
(1)  If an allegation that a member of staff has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, the appropriate Division Head may suspend the staff member from duty until the allegation of misconduct has been dealt with.
(2)  If a member of staff is charged with:
(a)  an offence referred to in section 22K, or
(b)  an offence that would, on conviction, result in the member of staff being a prohibited person as referred to in Part 6B,
the appropriate Division Head may suspend the staff member from duty until the staff member is notified by the Division Head that the suspension has been lifted.
(3)  Any salary payable to a person as a member of staff while the person is suspended from duty under this section is (if the appropriate Division Head so directs) to be withheld.
(4)  The salary withheld under subsection (3) is forfeited to the State unless the appropriate Division Head otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.
22M   Implementation of decisions under this Part
A decision of the appropriate Division Head to take disciplinary action or remedial action under this Part with respect to a member of staff may be carried into effect at any time.
22N   Effect of dismissal of senior executive officers
If a senior executive officer is dismissed from the Government Service under this Part:
(a)  the term for which the staff member was appointed is to be regarded as having come to an end, and
(b)  no compensation is payable in respect of the dismissal.
22O   Provisions relating to certain forms of disciplinary action
(1)  Any appointment required as the result of the taking of disciplinary action comprising demotion to a lower position in a Division of the Government Service is to be made by the Division Head for that Division.
(2)  If a fine is imposed under this Part on a member of staff, the person responsible for paying the staff member’s salary is, on receiving notice of the imposition of the fine, to deduct the amount of the fine from the salary payable (including any termination payment) to the staff member in such manner as the appropriate Division Head directs.
22P   Staff members retiring or resigning before disciplinary action is taken
(1)  An allegation that a member of staff has engaged in misconduct may be dealt with under this Part, and disciplinary action may be taken with respect to the member of staff, even though the staff member has retired or resigned.
(2)  The taking of disciplinary action (other than a fine) with respect to the former staff member does not affect the former staff member’s retirement or resignation or the benefits, rights and liabilities arising from the retirement or resignation.
(3)  A fine imposed under any such disciplinary action may be recovered from the former staff member as a debt due to the Crown in any court of competent jurisdiction, or out of any money payable to or in respect of the former staff member by the Crown, or both.
(4)  A reference in this section to the resignation of a member of staff is a reference to a resignation that has been accepted by the appropriate Division Head.
22Q   Staff member whose address is unknown
If the address for the time being of a member of staff is unknown to the appropriate Division Head, any notice required to be given to the member under this Part may be posted to the address of the member last known to the Division Head.
[15]   Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
  
Education Legislation Amendment (Staff) Act 2006, but only to the extent that it amends this Act
[16]   Schedule 4, Part 4
Insert after Part 3:
  
Part 4 Provisions consequent on enactment of Education Legislation Amendment (Staff) Act 2006
11   Prior conduct
Part 6A of this Act extends to conduct occurring before the commencement of that Part.
12   Existing disciplinary matters
(1)  Any breach of discipline by a member of staff to whom Part 6A applies that was, immediately before the commencement of that Part, being dealt with under any disciplinary determination that applied to that member, is to continue to be dealt with as if that Part had not been enacted.
(2)  In this clause:
disciplinary determination means a determination made under section 16 of this Act (as in force before its repeal by the Public Sector Employment Legislation Amendment Act 2006) in relation to the discipline of members of staff and continued by the operation of clause 19 of Schedule 4 to the Public Sector Employment and Management Act 2002.
1.3 Education (School Administrative and Support Staff) Act 1987 No 240
[1]   Section 4 School administrative and support staff
Omit section 4 (2). Insert instead:
  
(2)  Chapter 1A of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment or employment of a member of the school administrative and support staff.
[2]   Sections 7A–7E
Insert after section 7:
  
7A   Protection of children to be paramount consideration
(1)  The protection of children is to be the paramount consideration:
(a)  in taking any action with respect to a member of the school administrative and support staff under this Act, and
(b)  in dealing with any appeal against, or determining any claim arising from or in relation to, that action.
(2)  This section has effect despite anything in the Industrial Relations Act 1996 or any other Act or law.
7B   School administrative and support staff to report bankruptcy etc
If a member of the school administrative and support staff becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the member’s creditors, the member must:
(a)  immediately give to the Director-General notice of the bankruptcy, composition, arrangement or assignment, and
(b)  within such period as the Director-General specifies, provide the Director-General with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the Director-General requires.
7C   School administrative and support staff not to undertake other paid work without permission
(1)  A member of the school administrative and support staff is not to undertake any other paid work without the permission of the Director-General.
(2)  The Director-General may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.
(3)  Any such guidelines must be made available to members of the school administrative and support staff in such manner as the Director-General thinks appropriate.
(4)  This section does not apply to a temporary employee employed for less than 10 weeks.
7D   Director-General to be notified of serious offences committed by school administrative and support staff
(1)  A member of the school administrative and support staff who:
(a)  is charged with, or who is found guilty of, an offence that is punishable by imprisonment for 12 months or more, or
(b)  is charged with, or who is found guilty elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable,
must immediately report that fact to the Director-General.
(2)  On becoming aware of the fact that a member of the school administrative and support staff has been charged with, or has been found guilty of, an offence referred to in subsection (1), the person in charge of the school or place of work in which the member is employed must also immediately report that fact to the Director-General.
(3)  The requirement to report to the Director-General under this section does not apply if the matter has already been reported to the Director-General under section 32L.
7E   List of persons not to be employed as school administrative and support staff
The Director-General may prepare and maintain a list of persons who the Director-General determines are not to be employed as members of the school administrative and support staff.
[3]   Section 12 Confirmation or annulment of appointments on probation
Omit section 12 (3). Insert instead:
  
(3)  Action is not required to be taken under Part 6 in order to annul an appointment under subsection (1).
[4]   Section 20 Other employment
Omit the section.
[5]   Part 6
Omit the Part. Insert instead:
  
Part 6 Management of conduct and performance
Division 1 Preliminary
27   Objects of Part
The objects of this Part are as follows:
(a)  to maintain appropriate standards of conduct and work-related performance for permanent employees,
(b)  to protect and enhance the integrity and reputation of the school administrative and support staff of the Department,
(c)  to ensure that the public interest is protected.
28   Definitions
(1)  In this Part:
disciplinary action, in relation to a permanent employee, means any one or more of the following:
(a)  dismissing the employee,
(b)  directing the employee to resign, or to be allowed to resign, within a specified time,
(c)  reduction of the employee’s salary or demotion to a lower position,
(d)  the imposition of a fine,
(e)  a caution or reprimand.
misconduct—see section 29.
procedural guidelines means the guidelines in force from time to time under section 30.
remedial action, in relation to a permanent employee, means any one or more of the following:
(a)  counselling,
(b)  training and development,
(c)  monitoring the employee’s conduct or performance,
(d)  implementing a plan addressing unsatisfactory performance,
(e)  the issuing of a warning to the employee that certain conduct is unacceptable or that the employee’s performance is not satisfactory,
(f)  transferring the employee to another position that does not involve a reduction of salary or demotion to a lower position,
(g)  any other action of a similar nature.
(2)  In this Part, a reference to an allegation that a permanent employee may have engaged in misconduct includes a reference to the Director-General being made aware, or becoming aware, by any means that the permanent employee may have engaged in misconduct.
29   Meaning of “misconduct”
(1)  For the purposes of this Part, misconduct includes, but is not limited to, any of the following:
(a)  a contravention of any provision of this Act or the regulations,
(b)  engaging in, or having engaged in, any conduct that justifies the taking of disciplinary action,
(c)  taking any detrimental action (within the meaning of the Protected Disclosures Act 1994) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,
(d)  taking any action against a person that is substantially in reprisal for an internal disclosure made by that person.
(2)  For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:
(a)  while the permanent employee concerned was not on duty, or
(b)  before the permanent employee was appointed to his or her position.
(3)  In this section, internal disclosure means a disclosure made in good faith by a person regarding the alleged misconduct of another person.
30   Issuing of procedural guidelines
(1)  The Director-General may, from time to time, issue guidelines for the purposes of:
(a)  dealing with allegations of misconduct against permanent employees as a disciplinary matter, and
(b)  the taking of disciplinary action with respect to permanent employees under this Part, including disciplinary action in relation to unsatisfactory performance, and
(c)  any other matter referred to in this Part.
(2)  The procedural guidelines must be consistent with the rules of procedural fairness.
(3)  Without limiting subsection (2), the procedural guidelines are to ensure that:
(a)  a permanent employee to whom an allegation of misconduct relates:
(i)  is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the permanent employee, and
(ii)  is given an opportunity to respond to the allegation, and
(b)  a permanent employee against whom the Director-General is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.
(4)  The Director-General may from time to time amend, revoke or replace the procedural guidelines.
(5)  The procedural guidelines as in force from time to time must be made publicly available in such manner as the Director-General thinks appropriate.
(6)  The regulations may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in the regulations, the regulations prevail.
(7)  The procedural guidelines may apply, adopt or incorporate the procedural guidelines issued under Part 4A of the Teaching Service Act 1980 with such modifications as are necessary.
31   Requirements relating to disciplinary matters
(1)  A permanent employee is not entitled to cross-examine any person in relation to an allegation of misconduct or the taking of disciplinary action against the permanent employee.
(2)  A hearing involving the legal representation of parties and the calling of witnesses is not to be held in relation to an allegation of misconduct or the taking of disciplinary action against a permanent employee.
(3)  Nothing in subsection (1) or (2) prevents the Director-General from:
(a)  conducting investigations into an allegation of misconduct, or
(b)  asking a permanent employee a question in relation to an allegation of misconduct, or
(c)  conducting interviews with the permanent employee to whom the allegation relates or with any other person in connection with the matter concerned, or
(d)  taking signed statements from the permanent employee or any such person.
Division 2 Dealing with misconduct
32   Dealing with an allegation of misconduct
(1)  If an allegation is made to the Director-General that a permanent employee may have engaged in any misconduct, the Director-General may decide to do either or both of the following:
(a)  deal with the allegation as a disciplinary matter in accordance with the procedural guidelines,
(b)  take remedial action with respect to the permanent employee.
(2)  After dealing with an allegation of misconduct as a disciplinary matter in accordance with this Part and the procedural guidelines, the Director-General may, if the Director-General is of the opinion that the permanent employee has engaged in any misconduct, decide to take disciplinary action with respect to the permanent employee.
(3)  Before any disciplinary action is taken with respect to a permanent employee under this section, the permanent employee must be given an opportunity to make a submission in relation to the disciplinary action that the Director-General is considering taking.
(4)  Even though the Director-General decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Director-General may, at any stage of the process:
(a)  decide to take remedial action with respect to the permanent employee concerned as well as dealing with the allegation as a disciplinary matter, or
(b)  decide to take remedial action with respect to the employee instead of dealing with the allegation as a disciplinary matter, or
(c)  decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter.
(5)  A decision under this section by the Director-General to take remedial action with respect to a permanent employee does not, if it appears to the Director-General that the employee may have engaged in any misconduct while the remedial action is being taken, prevent the Director-General from dealing with the alleged misconduct as a disciplinary matter under this section.
Division 3 Performance management for permanent employees
32A   Performance reviews for permanent employees
(1)  A permanent employee’s performance must be reviewed periodically by the Director-General.
(2)  The review of a permanent employee’s performance is to have regard to any performance criteria determined by the Director-General and such other matters as the Director-General considers relevant.
32B   Dealing with unsatisfactory performance
(1)  If the Director-General is of the opinion that a permanent employee is not performing the employee’s duties in a satisfactory manner, the Director-General may decide to do either or both of the following:
(a)  take remedial action with respect to the employee,
(b)  take disciplinary action with respect to the employee.
(2)  To avoid any doubt, remedial action with respect to a permanent employee is not required to be taken before disciplinary action is taken under this section with respect to the employee.
(3)  However, the Director-General may take disciplinary action with respect to a permanent employee under this section only if:
(a)  the employee has been placed on a performance improvement plan in accordance with the procedural guidelines and been given a reasonable opportunity to improve his or her performance, and
(b)  the Director-General is of the opinion that the employee’s performance is still unsatisfactory.
Division 4 Miscellaneous provisions
32C   Disciplinary action may be taken if permanent employee is convicted of serious offence
(1)  If a permanent employee is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable, the Director-General may decide to do either or both of the following:
(a)  take disciplinary action with respect to the employee,
(b)  take remedial action with respect to the employee.
(2)  Before any disciplinary action is taken with respect to a permanent employee under this section, the employee must be given an opportunity to make a submission in relation to the disciplinary action that the Director-General is considering taking.
(3)  A reference in subsection (1) to the conviction of a permanent employee for an offence punishable by imprisonment for 12 months or more includes a reference to the employee having been found guilty by a court of such an offence but where no conviction is recorded.
32D   Suspension of permanent employees from duty pending decision in relation to misconduct or criminal conviction
(1)  If an allegation that a permanent employee has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, the Director-General may suspend the employee from duty until the allegation of misconduct has been dealt with.
(2)  If a permanent employee is charged with:
(a)  an offence referred to in section 32C, or
(b)  an offence that would, on conviction, result in the employee being a prohibited person as referred to in Part 6A,
the Director-General may suspend the employee from duty until the employee is notified by the Director-General that the suspension has been lifted.
(3)  Any salary payable to a person as a permanent employee while the person is suspended from duty under this section is (if the Director-General so directs) to be withheld.
(4)  The salary withheld under subsection (3) is forfeited to the State unless the Director-General otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.
32E   Implementation of decisions under this Part
A decision of the Director-General to take disciplinary action or remedial action under this Part with respect to a permanent employee may be carried into effect at any time.
32F   Provisions relating to certain forms of disciplinary action
(1)  Any appointment required as the result of the taking of disciplinary action comprising demotion to a lower position is to be made by the Director-General.
(2)  If a fine is imposed under this Part on a permanent employee, the person responsible for paying the employee’s salary is, on receiving notice of the imposition of the fine, to deduct the amount of the fine from the salary (including any termination payment) payable to the permanent employee in such manner as the Director-General directs.
32G   Permanent employees retiring or resigning before disciplinary action is taken
(1)  An allegation that a permanent employee has engaged in misconduct may be dealt with under this Part, and disciplinary action may be taken with respect to the employee, even though the employee has retired or resigned.
(2)  The taking of disciplinary action (other than a fine) with respect to the former permanent employee does not affect the former employee’s retirement or resignation or the benefits, rights and liabilities arising from the retirement or resignation.
(3)  A fine imposed under any such disciplinary action may be recovered from the former permanent employee as a debt due to the Crown in any court of competent jurisdiction, or out of any money payable to or in respect of the former employee by the Crown, or both.
(4)  A reference in this section to the resignation of a permanent employee is a reference to a resignation that has been accepted by the Director-General.
32H   Permanent employee whose address is unknown
If the address for the time being of a permanent employee is unknown to the Director-General, any notice required to be given to the employee under this Part may be posted to the address of the employee last known to the Director-General.
[6]   Section 39 and Schedule 1
Omit section 39. Insert instead:
  
39   Savings, transitional and other provisions
Schedule 1 has effect.
Schedule 1 Savings, transitional and other provisions
(Section 39)
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Education Legislation Amendment (Staff) Act 2006, but only to the extent that it amends this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Education Legislation Amendment (Staff) Act 2006
2   Definition
In this Part:
amending Act means the Education Legislation Amendment (Staff) Act 2006.
3   Prior conduct
Part 6 of this Act (as substituted by the amending Act) extends to conduct occurring before the commencement of that Part.
4   Existing disciplinary charges
If a member of the school administrative and support staff has been charged with a breach of discipline under Part 6 of this Act (as in force before the substitution of that Part by the amending Act) that has not been finally determined before that substitution, the breach of discipline is to continue to be dealt with under the provisions of that Part as if it had not been substituted.
5   Existing monitoring procedures
Any breach of discipline by a member of the school administrative and support staff being dealt with in accordance with clause 14 (2) of the Teaching Service Regulation 2001 (as applied by clause 5 of the Education (School Administrative and Support Staff) Regulation 2003) before the repeal of clause 14 (2) by the amending Act is to be dealt with under Part 6 of this Act (as substituted by the amending Act) as if the breach of discipline was the subject of an allegation of misconduct made under that Part.
Schedule 2 Amendments relating to termination of employment of prohibited persons
(Sections 3, 4 and 5)
2.1 Teaching Service Act 1980 No 23
[1]   Section 79 Leave of absence after years of service
Insert after 79 (3):
  
(4)  An officer is not entitled to any such leave if the officer’s employment is terminated by operation of Part 4B.
[2]   Part 4B
Insert as Part 4B:
  
Part 4B Termination of employment of prohibited persons
93R   Definitions
In this Part:
child-related employment means child-related employment to which Part 7 of the Commission for Children and Young People Act 1998 applies.
Commission means the Commission for Children and Young People.
prohibited person has the same meaning as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
Note—
A “prohibited person” is a person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence (as defined in section 33B of the Commission for Children and Young People Act 1998) or who is a registrable person under the Child Protection (Offenders Registration) Act 2000. It is an offence under the 1998 Act for a person who becomes a prohibited person to enter or remain in child-related employment (such as teaching) and it is also an offence for an employer to employ a prohibited person in child-related employment.
93S   Operation of this Part
(1)  This Part has effect despite any other provision of this Act or the provisions of any other Act or law (including the Industrial Relations Act 1996). Accordingly, a provision of this Part prevails to the extent of any inconsistency between it and any other provision of this Act or of any other Act or law.
(2)  Without limiting subsection (1), this Part operates to terminate the employment of a prohibited person without any disciplinary action having been taken in respect of the person under Part 4A or any other provision of this Act.
93T   Termination of employment of prohibited persons
(1)  An officer or temporary employee who is or becomes a prohibited person and who is employed in child-related employment in the Teaching Service is, by operation of this section, dismissed from the Teaching Service.
(2)  The dismissal takes effect:
(a)  if the person becomes a prohibited person after being appointed as an officer or temporary employee—when the person becomes a prohibited person, or
(b)  if the person was a prohibited person immediately before the commencement of this section—on the commencement of this section, or
(c)  if the person became a prohibited person after the commencement of this section and before being appointed as an officer or temporary employee—when the Director-General becomes aware that the person is a prohibited person.
(3)  The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.
(4)  A reference in this section to a prohibited person who is employed in child-related employment in the Teaching Service includes a reference to a prohibited person whose substantive position in the Teaching Service involves child-related employment but who is, for the time being, performing other duties that do not involve child-related employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person whose employment is terminated by operation of this section and who has received any payment in respect of a leave, superannuation or other employment-related entitlement in respect of a period following the date of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
93U   Offences and prohibited person status to be notified to Director-General
(1)  An officer or temporary employee who:
(a)  is charged with a serious sex offence, the murder of a child or a child-related personal violence offence, or
(b)  who becomes a prohibited person,
must immediately report that fact to the Director-General.
(2)  On becoming aware of the fact that an officer or temporary employee has been charged with an offence referred to in subsection (1), or is a prohibited person, the person in charge of the school or place of work in which the officer or temporary employee is employed must also immediately report that fact to the Director-General.
(3)  The requirement to report to the Director-General under this section does not apply if the matter has already been reported to the Director-General under section 92C.
(4)  In this section, serious sex offence and child-related personal violence offence have the same meanings as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
93V   Review of prohibited person status
(1)  If a review application is made by a prohibited person under section 33H or 33I of the Commission for Children and Young People Act 1998, the Commission or relevant tribunal to which the application is made is to notify the Director-General of the application if it appears to the Commission or relevant tribunal that the prohibited person is an officer or temporary employee or former officer or temporary employee.
(2)  The Director-General is entitled:
(a)  to appear and be represented at any proceedings arising out of an application under section 33I of the Commission for Children and Young People Act 1998, and
(b)  in the case of an application under section 33H of the Commission for Children and Young People Act 1998—to make written submissions to the Commission.
93W   Effect of person ceasing to be prohibited person
(1)  This section applies to a person who is dismissed under section 93T and who subsequently ceases to be a prohibited person.
Note—
A person ceases to be a prohibited person in relation to an offence if an order is made under the Commission for Children and Young People Act 1998 that the relevant provisions of that Act do not apply in respect of the offence or if the relevant conviction is overturned on appeal.
(2)  If the person ceases to be a prohibited person because the conviction for the offence in respect of which the person is a prohibited person is overturned by a court on appeal, the person is entitled to be reinstated to, or re-employed in, a position in the Teaching Service that is similar to the position that the person held when the person’s employment was terminated under section 93T.
(3)  If:
(a)  the person ceases to be a prohibited person because of an order under Subdivision 2 of Division 2 of Part 7 of the Commission for Children and Young People Act 1998, and
(b)  a period of not more than 12 months has elapsed since the date on which the person’s employment was terminated under section 93T,
the person is entitled to be reinstated to, or re-employed in, a position in the Teaching Service that is similar to the position that the person held when his or her employment was terminated.
(4)  A person, on being reinstated or re-employed under this section, is taken:
(a)  to have never been dismissed from the Teaching Service, and
(b)  to have been on leave without pay during the period between dismissal and reinstatement or re-employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person who is reinstated or re-employed under this section after the person’s employment is terminated by operation of this Part and who has received any payment in respect of a leave, superannuation or other employment-related entitlement as a result of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
(7)  For the purposes of this section, a person does not cease to be a prohibited person if a stay of the operation of the prohibition is granted under section 33K of the Commission for Children and Young People Act 1998.
93X   Disciplinary action may be taken against person who ceases to be prohibited person
Nothing in this Part prevents a person who ceases to be a prohibited person, and who is reinstated or re-employed under this Part, from being dealt with under any other provision of this Act in relation to any matter related to the reasons why the person was a prohibited person.
93Y   Protection of persons relating to this Part
Anything done or omitted by the Director-General or any other person in good faith and with reasonable care for the purposes of this Part does not subject the Director-General or other person to any action, liability, claim or demand.
93Z   No compensation or other industrial remedies
The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the reinstatement or re-employment of a person contrary to a termination of employment by this Part or order the payment of damages or compensation (on any ground) for any such termination or other related matter done or omitted in accordance with this Part.
93ZA   Protection for exercise of functions in connection with this Part
(1)  This section applies to a function exercised by the Director-General, or a person authorised by the Director-General, in connection with the termination of employment of a person, or the reinstatement or re-employment of a person, under this Part (a protected function).
(2)  Without limiting the functions that are protected functions under this Part, a decision by the Director-General not to accept the resignation of a person or not to permit the retirement of a person is a protected function.
(3)  Except as provided by this section, the exercise by a person of a protected function may not be:
(a)  challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or
(b)  restrained, removed or otherwise affected by any proceedings.
(4)  Without limiting subsection (3):
(a)  that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by any such person, with the provisions of this Part or the rules of procedural fairness, and
(b)  the exercise of a protected function is not an industrial matter for the purposes of the Industrial Relations Act 1996.
(5)  Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by any such person, with those provisions or those rules so far as they apply to the exercise of any protected function.
(6)  However, nothing in this section prevents any person who is expressly authorised or permitted by a provision of the Commission for Children and Young People Act 1998 to bring proceedings from bringing such proceedings or being granted such relief in those proceedings as may be authorised or permitted by this Part.
(7)  In this section:
exercise of functions includes:
(a)  the purported exercise of functions, and
(b)  the non-exercise or improper exercise of functions, and
(c)  the proposed, apprehended or threatened exercise of functions.
proceedings includes:
(a)  proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and
(b)  without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970.
93ZB   Transitional provision
A reference in this Part to a provision of the Commission for Children and Young People Act 1998 is, until such time as Schedule 1 [31] to the Commission for Children and Young People Amendment Act 2005 commences, to be construed as a reference to the corresponding provision of the Child Protection (Prohibited Employment) Act 1998.
2.2 Technical and Further Education Commission Act 1990 No 118
[1]   Section 22 Extended or long service leave
Insert after 22 (3):
  
(4)  However, a member of staff is not entitled to any leave under clause 3 of that Schedule if the member’s employment is terminated by operation of Part 6B.
[2]   Part 6B
Insert as Part 6B:
  
Part 6B Termination of employment of prohibited persons
22R   Definitions
In this Part:
child-related employment means child-related employment to which Part 7 of the Commission for Children and Young People Act 1998 applies.
Commission means the Commission for Children and Young People.
prohibited person has the same meaning as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
Note—
A “prohibited person” is a person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence (as defined in section 33B of the Commission for Children and Young People Act 1998) or who is a registrable person under the Child Protection (Offenders Registration) Act 2000. It is an offence under the 1998 Act for a person who becomes a prohibited person to enter or remain in child-related employment (such as teaching) and it is also an offence for an employer to employ a prohibited person in child-related employment.
22S   Operation of this Part
(1)  This Part has effect despite any other provision of this Act or the provisions of any other Act or law (including the Industrial Relations Act 1996). Accordingly, a provision of this Part prevails to the extent of any inconsistency between it and any other provision of this Act or of any other Act or law.
(2)  Without limiting subsection (1), this Part operates to terminate the employment of a prohibited person without any disciplinary action having been taken in respect of the person under Part 6A or any other law.
22T   Termination of employment of prohibited persons
(1)  A member of staff who is or becomes a prohibited person and who is employed in child-related employment at a TAFE establishment is, by operation of this section, dismissed from the Government Service.
(2)  The dismissal takes effect:
(a)  if the person becomes a prohibited person after being appointed as a member of staff—when the person becomes such a prohibited person, or
(b)  if the person was a prohibited person immediately before the commencement of this section—on the commencement of this section, or
(c)  if the person became a prohibited person after the commencement of this section and before being appointed as a member of staff—when the appropriate Division Head becomes aware that the person is such a prohibited person.
(3)  The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.
(4)  A reference in this section to a prohibited person who is employed in child-related employment at a TAFE establishment includes a reference to a prohibited person whose substantive position as a member of staff involves child-related employment but who is, for the time being, performing other duties that do not involve child-related employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person whose employment is terminated by operation of this section and who has received any payment in respect of a leave, superannuation or other employment-related entitlement in respect of a period following the date of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
22U   Offences and prohibited person status to be notified to appropriate Division Head
(1)  A member of staff who:
(a)  is charged with a serious sex offence, the murder of a child or a child-related personal violence offence, or
(b)  who becomes a prohibited person,
must immediately report that fact to the appropriate Division Head.
(2)  On becoming aware of the fact that a member of staff has been charged with an offence referred to in subsection (1), or is a prohibited person, the person in charge of the TAFE establishment at which the member is employed must also immediately report that fact to the appropriate Division Head.
(3)  The requirement to report to the appropriate Division Head under this section does not apply if the matter has already been reported under section 21B.
(4)  In this section, child-related personal violence offence and serious sex offence have the same meanings as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
22V   Review of prohibited person status
(1)  If a review application is made by a prohibited person under section 33H or 33I of the Commission for Children and Young People Act 1998, the Commission or relevant tribunal to which the application is made is to notify the appropriate Division Head of the application if it appears to the Commission or relevant tribunal that the prohibited person is a member of staff or former member of staff.
(2)  The appropriate Division Head is entitled:
(a)  to appear and be represented at any proceedings arising out of an application under section 33I of the Commission for Children and Young People Act 1998, and
(b)  in the case of an application under section 33H of the Commission for Children and Young People Act 1998—to make written submissions to the Commission.
22W   Effect of person ceasing to be prohibited person
(1)  This section applies to a person who is dismissed under section 22T and who subsequently ceases to be a prohibited person.
Note—
A person ceases to be a prohibited person in relation to an offence if an order is made under the Commission for Children and Young People Act 1998 that the relevant provisions of that Act do not apply in respect of the offence or if the relevant conviction is overturned on appeal.
(2)  If the person ceases to be a prohibited person because the conviction for the offence in respect of which the person is a prohibited person is overturned by a court on appeal, the person is entitled to be reinstated to, or re-employed in, a position in the TAFE Commission Division of the Government Service that is similar to the position that the person held when the person’s employment was terminated under section 22T.
(3)  If:
(a)  the person ceases to be a prohibited person because of an order under Subdivision 2 of Division 2 of Part 7 of the Commission for Children and Young People Act 1998, and
(b)  a period of not more than 12 months has elapsed since the date on which the person’s employment was terminated under section 22T,
the person is entitled to be reinstated to, or re-employed in, a position in the TAFE Commission Division of the Government Service that is similar to the position that the person held when his or her employment was terminated.
(4)  A person, on being reinstated or re-employed under this section, is taken:
(a)  to have never been dismissed from the Government Service, and
(b)  to have been on leave without pay during the period between dismissal and reinstatement or re-employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person who is reinstated or re-employed under this section after the person’s employment is terminated by operation of this Part and who has received any payment in respect of a leave, superannuation or other employment-related entitlement as a result of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
(7)  For the purposes of this section, a person does not cease to be a prohibited person if a stay of the operation of the prohibition is granted under section 33K of the Commission for Children and Young People Act 1998.
22X   Disciplinary action may be taken against person who ceases to be prohibited person
Nothing in this Part prevents a person who ceases to be a prohibited person, and who is reinstated or re-employed under this Part, from being dealt with under any other provision of this Act in relation to any matter related to the reasons why the person was a prohibited person.
22Y   Protection of persons relating to this Part
Anything done or omitted by the appropriate Division Head or any other person in good faith and with reasonable care for the purposes of this Part does not subject the Division Head or other person to any action, liability, claim or demand.
22Z   No compensation or other industrial remedies
The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the reinstatement or re-employment of a person contrary to a termination of employment by this Part or order the payment of damages or compensation (on any ground) for any such termination or other related matter done or omitted in accordance with this Part.
22ZA   Protection for exercise of functions in connection with this Part
(1)  This section applies to a function exercised by the appropriate Division Head, or a person authorised by the appropriate Division Head, in connection with the termination of employment of a person, or the reinstatement or re-employment of a person, under this Part (a protected function).
(2)  Without limiting the functions that are protected functions under this Part, a decision by the appropriate Division Head not to accept the resignation of a person or not to permit the retirement of a person is a protected function.
(3)  Except as provided by this section, the exercise by a person of a protected function may not be:
(a)  challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or
(b)  restrained, removed or otherwise affected by any proceedings.
(4)  Without limiting subsection (3):
(a)  that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by any such person, with the provisions of this Part or the rules of procedural fairness, and
(b)  the exercise of a protected function is not an industrial matter for the purposes of the Industrial Relations Act 1996.
(5)  Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by any such person, with those provisions or those rules so far as they apply to the exercise of any protected function.
(6)  However, nothing in this section prevents any person who is expressly authorised or permitted by a provision of the Commission for Children and Young People Act 1998 to bring proceedings from bringing such proceedings or being granted such relief in those proceedings as may be authorised or permitted by this Part.
(7)  In this section:
exercise of functions includes:
(a)  the purported exercise of functions, and
(b)  the non-exercise or improper exercise of functions, and
(c)  the proposed, apprehended or threatened exercise of functions.
proceedings includes:
(a)  proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and
(b)  without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970.
22ZB   Transitional provision
A reference in this Part to a provision of the Commission for Children and Young People Act 1998 is, until such time as Schedule 1 [31] to the Commission for Children and Young People Amendment Act 2005 commences, to be construed as a reference to the corresponding provision of the Child Protection (Prohibited Employment) Act 1998.
2.3 Education (School Administrative and Support Staff) Act 1987 No 240
[1]   Section 3 Definitions
Insert after section 3 (2):
  
(3)  Notes included in this Act do not form part of this Act.
[2]   Part 6A
Insert after Part 6:
  
Part 6A Termination of employment of prohibited persons
32I   Definitions
In this Part:
child-related employment means child-related employment to which Part 7 of the Commission for Children and Young People Act 1998 applies.
Commission means the Commission for Children and Young People.
prohibited person has the same meaning as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
Note—
A “prohibited person” is a person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence (as defined in section 33B of the Commission for Children and Young People Act 1998) or who is a registrable person under the Child Protection (Offenders Registration) Act 2000. It is an offence under the 1998 Act for a person who becomes a prohibited person to enter or remain in child-related employment (such as teaching) and it is also an offence for an employer to employ a prohibited person in child-related employment.
32J   Operation of this Part
(1)  This Part has effect despite any other provision of this Act or the provisions of any other Act or law (including the Industrial Relations Act 1996). Accordingly, a provision of this Part prevails to the extent of any inconsistency between it and any other provision of this Act or of any other Act or law.
(2)  Without limiting subsection (1), this Part operates to terminate the employment of a prohibited person without any disciplinary action having been taken in respect of the person under Part 6 of this Act.
32K   Termination of employment of prohibited persons
(1)  A permanent or temporary employee who is or becomes a prohibited person and who is employed in child-related employment is, by operation of this section, dismissed as a member of the school administrative and support staff.
(2)  The dismissal takes effect:
(a)  if the person becomes a prohibited person after being appointed as a member of the school administrative and support staff—when the person becomes such a prohibited person, or
(b)  if the person was a prohibited person immediately before the commencement of this section—on the commencement of this section, or
(c)  if the person became a prohibited person after the commencement of this section and before being appointed as a member of the school administrative and support staff—when the Director-General becomes aware that the person is such a prohibited person.
(3)  The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.
(4)  A reference in this section to a prohibited person who is employed in child-related employment as a member of the school administrative and support staff includes a reference to a prohibited person whose substantive position as such a member involves child-related employment but who is, for the time being, performing other duties that do not involve child-related employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person whose employment is terminated by operation of this section and who has received any payment in respect of a leave, superannuation or other employment-related entitlement in respect of a period following the date of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
32L   Offences and prohibited person status to be notified to Director-General
(1)  A permanent or temporary employee who:
(a)  is charged with a serious sex offence, the murder of a child or a child-related personal violence offence, or
(b)  who becomes a prohibited person,
must immediately report that fact to the Director-General.
(2)  On becoming aware of the fact that a permanent or temporary employee has been charged with an offence referred to in subsection (1), or is a prohibited person, the person in charge of the school or place of work in which the permanent or temporary employee is employed must also immediately report that fact to the Director-General.
(3)  The requirement to report to the Director-General under this section does not apply if the matter has already been reported to the Director-General under section 7D.
(4)  In this section, serious sex offence and child-related personal violence offence have the same meanings as in Division 2 of Part 7 of the Commission for Children and Young People Act 1998.
32M   Review of prohibited person status
(1)  If a review application is made by a prohibited person under section 33H or 33I of the Commission for Children and Young People Act 1998, the Commission or relevant tribunal to which the application is made is to notify the Director-General of the application if it appears to the Commission or relevant tribunal that the prohibited person is a member (or former member) of the school administrative and support staff.
(2)  The Director-General is entitled:
(a)  to appear and be represented at any proceedings arising out of an application under section 33I of the Commission for Children and Young People Act 1998, and
(b)  in the case of an application under section 33H of the Commission for Children and Young People Act 1998—to make written submissions to the Commission.
32N   Effect of person ceasing to be prohibited person
(1)  This section applies to a person who is dismissed under section 32K and who subsequently ceases to be a prohibited person.
Note—
A person ceases to be a prohibited person in relation to an offence if an order is made under the Commission for Children and Young People Act 1998 that the relevant provisions of that Act do not apply in respect of the offence or if the relevant conviction is overturned on appeal.
(2)  If the person ceases to be a prohibited person because the conviction for the offence in respect of which the person is a prohibited person is overturned by a court on appeal, the person is entitled to be reinstated to, or re-employed in, a staff position that is similar to the position that the person held when the person’s employment was terminated under section 32K.
(3)  If:
(a)  the person ceases to be a prohibited person because of an order under Subdivision 2 of Division 2 of Part 7 of the Commission for Children and Young People Act 1998, and
(b)  a period of not more than 12 months has elapsed since the date on which the person’s employment was terminated under section 32K,
the person is entitled to be reinstated to, or re-employed in, a staff position that is similar to the position that the person held when his or her employment was terminated.
(4)  A person, on being reinstated or re-employed under this section, is taken:
(a)  to have never been dismissed as a member of the school administrative and support staff, and
(b)  to have been on leave without pay during the period between dismissal and reinstatement or re-employment.
(5)  The regulations may make provision for or with respect to the entitlements of a person who is reinstated or re-employed under this section after the person’s employment is terminated by operation of this Part and who has received any payment in respect of a leave, superannuation or other employment-related entitlement as a result of the termination.
(6)  Any regulation made under subsection (5) has effect despite any other Act or law.
(7)  For the purposes of this section, a person does not cease to be a prohibited person if a stay of the operation of the prohibition is granted under section 33K of the Commission for Children and Young People Act 1998.
32O   Disciplinary action may be taken against person who ceases to be prohibited person
Nothing in this Part prevents a person who ceases to be a prohibited person, and who is reinstated or re-employed under this Part, from being dealt with under any other provision of this Act in relation to any matter related to the reasons why the person was a prohibited person.
32P   Protection of persons relating to this Part
Anything done or omitted by the Director-General or any other person in good faith and with reasonable care for the purposes of this Part does not subject the Director-General or other person to any action, liability, claim or demand.
32Q   No compensation or other industrial remedies
The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the reinstatement or re-employment of a person contrary to a termination of employment by this Part or order the payment of damages or compensation (on any ground) for any such termination or other related matter done or omitted in accordance with this Part.
32R   Protection for exercise of functions in connection with this Part
(1)  This section applies to a function exercised by the Director-General, or a person authorised by the Director-General, in connection with the termination of employment of a person, or the reinstatement or re-employment of a person, under this Part (a protected function).
(2)  Without limiting the functions that are protected functions under this Part, a decision by the Director-General not to accept the resignation of a person or not to permit the retirement of a person is a protected function.
(3)  Except as provided by this section, the exercise by a person of a protected function may not be:
(a)  challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or
(b)  restrained, removed or otherwise affected by any proceedings.
(4)  Without limiting subsection (3):
(a)  that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by any such person, with the provisions of this Part or the rules of procedural fairness, and
(b)  the exercise of a protected function is not an industrial matter for the purposes of the Industrial Relations Act 1996.
(5)  Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by any such person, with those provisions or those rules so far as they apply to the exercise of any protected function.
(6)  However, nothing in this section prevents any person who is expressly authorised or permitted by a provision of the Commission for Children and Young People Act 1998 to bring proceedings from bringing such proceedings or being granted such relief in those proceedings as may be authorised or permitted by this Part.
(7)  In this section:
exercise of functions includes:
(a)  the purported exercise of functions, and
(b)  the non-exercise or improper exercise of functions, and
(c)  the proposed, apprehended or threatened exercise of functions.
proceedings includes:
(a)  proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and
(b)  without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970.
32S   Transitional provision
A reference in this Part to a provision of the Commission for Children and Young People Act 1998 is, until such time as Schedule 1 [31] to the Commission for Children and Young People Amendment Act 2005 commences, to be construed as a reference to the corresponding provision of the Child Protection (Prohibited Employment) Act 1998.
Schedule 3 Consequential amendment of other Act and instruments
(Section 6)
3.1 Education (School Administrative and Support Staff) Regulation 2003
[1]   Part 2 Discipline
Omit the Part.
[2]   Clause 9 Other employment: temporary employees
Omit the clause.
3.2 Government and Related Employees Appeal Tribunal Act 1980 No 39
Section 4 Definitions
Omit paragraph (b) of the definition of employer in section 4 (1).
Insert instead:
  
(b)  in relation to an employee of the class referred to in paragraph (b) of that definition—the Director-General of the Department of Education and Training,
3.3 Teaching Service Regulation 2001
Part 3 Breaches of discipline by members of staff
Omit the Part.