s 1Short Title
This Act may be cited as the Commonwealth Teaching Service Act 1972.
This Act may be cited as the Commonwealth Teaching Service Act 1972.
Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining sections of this Act shall come into operation on such date as is, or on such dates as respectively are, fixed by Proclamation.
In this Act, unless the contrary intention appears:
advanced education institution means means an institution in Australia that, under an approval of the Secretary, is to be treated as an advanced education institution for the purposes of Part IV;
Commonwealth authority means;
a body corporate incorporated, whether before or after the commencement of section 11 of the Commonwealth Teaching Service Amendment Act 1988, for a public purpose by an Act, by regulations made under an Act or by or under a law of a Territory (other than the Northern Territory), being a body employing staff otherwise than under this Act; or
an authority or body, not being a body corporate, established, whether before or after the commencement of section 11 of the Commonwealth Teaching Service Amendment Act 1988, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or law of a Territory (other than the Northern Territory), being an authority or body employing staff otherwise than under this Act;
Commonwealth school means a school conducted by the Commonwealth, by the Administration of a Territory or by a prescribed authority;
full‑time student means a student included in a class of students that, under an approval of the Secretary, is to be treated as a class of students engaged in full‑time study for the purposes of Part IV;
member of the Service means a person appointed as an officer, or engaged as a temporary employee, in accordance with Part III;
part‑time student means a student other than a full‑time student;
prescribed authority means an authority or body, whether incorporated or unincorporated, that:
is established for a public purpose by, or in accordance with the provisions of:
an Act;
regulations made under an Act; or
a law of a Territory; and
is declared by the regulations to be a prescribed authority for the purposes of this Act;
relevant staff organisation, in relation to a position, means an organisation:
that is registered under the Conciliation and Arbitration Act 1904; and
for membership of which a person holding the position would be eligible;
returned soldier has the same meaning as in the Public Service Act 1922;
scholarship means a Commonwealth Teaching Service Scholarship provided for by Part IV;
school means a school or any similar institution at which pre‑school, primary, secondary or technical or further education is provided, but does not include a higher education institution within the meaning of the Employment, Education and Training Act 1988;
Secretary means the Secretary to the Department;
specified defence service has the same meaning as in the Public Service Act 1922;
State includes the Northern Territory;
teaching duties includes:
the administration of a school; and
other duties connected with the teaching or other services provided at a school, being duties for the performance of which experience as a teacher is an advantage;
the Service means the Commonwealth Teaching Service;
University means a University in Australia, and includes:
a University College in Australia; or
an institution that, under an approval of the Secretary, is to be treated as a University for the purposes of Part IV.
In this Act, a reference to teaching duties in a school includes:
the inspection or supervision of persons engaged in teaching duties; and
other duties connected with the teaching or other services provided by an authority conducting two or more schools, being duties for the performance of which experience as a teacher is an advantage.
This Act applies both within and outside Australia and extends to all the Territories.
The object of this Act is to provide for the employment of persons who are to be made available for the performance of teaching duties in Commonwealth schools and certain other schools.
The functions of the relevant authorities are to make officers and temporary employees available for the performance of teaching duties as mentioned in section 6.
The relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to the Government of a country other than Australia or to an authority of such a Government for the performance of teaching duties in a school or schools conducted in that country by that Government or authority or, in the case of Papua New Guinea, by a body other than the Government or an authority of the Government.
Where a State or an authority of a State has made, or proposes to make, a person or persons available to an authority or authorities conducting a Commonwealth school or Commonwealth schools for the performance of teaching duties in that school or those schools, a relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to that State or to that authority of that State for the performance of teaching duties in a school or schools conducted by that State or by that authority of that State.
A relevant authority shall not direct an officer to perform duties under subsection 7(2) or (3) unless the officer consents to perform those duties.
Where a relevant authority makes a person available to an authority that conducts two or more schools, the last‑mentioned authority may make use of the services of the person in whichever of those schools that authority thinks fit.
A relevant authority has power to do all things necessary or convenient for the purposes of this section.
A relevant authority may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person any of the powers of that relevant authority under this Act other than this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the relevant authority.
A delegation under this section does not prevent the exercise of a power by a relevant authority.
The Commonwealth Teaching Service established under the Commonwealth Teaching Service Act 1972 as amended and in force immediately before the commencement of this section is continued in existence for all purposes.
The Service shall consist of the persons who were members of the Service under the Commonwealth Teaching Service Act 1972 as amended and in force immediately before the commencement of this section (other than persons whose membership of that Service would have terminated at the expiration of the day immediately before the date of commencement of this section if Part VIII of the Commonwealth Functions (Statutes Review) Act 1981 had not been enacted) and such persons as are appointed as officers or engaged as temporary employees after the commencement of this section in accordance with this Part.
The Commonwealth Teaching Service as continued in existence by subsection (1) is divided into the following components:
an Australian Capital Territory Schools component;
an Australian Capital Territory Technical and Further Education component;
a general component; and
such other components as are prescribed.
Each component shall consist of officers holding positions in the Service established in that component and temporary employees engaged for the purpose of performing services in relation to that component.
For the purposes of this Act, the relevant authority in relation to a component of the Service is:
in the case of the Australian Capital Territory Schools component‑the person for the time being holding, or performing the duties of, the office for the time being designated for the purposes of that component by the Secretary by writing signed by the Secretary;
in the case of the Australian Capital Territory Technical and Further Education component‑the person for the time being holding, or performing the duties of, an office in the Australian Public Service for the time being designated for the purposes of that component by the Secretary by writing signed by him;
in the case of the general component‑the person for the time being holding, or performing the duties of, the office of Secretary or, if another office in the Australian Public Service is for the time being designated for the purposes of that component by the Secretary by writing signed by him‑the person for the time being holding, or performing the duties of, that other office; and
in the case of any other component:
in a case to which neither subparagraph (ii) nor (iii) applies‑the person for the time being holding, or performing the duties of, the office of Secretary;
if an office in the Australian Public Service is for the time being designated for the purposes of that component by the Secretary by writing signed by him and subparagraph (iii) does not apply‑the person for the time being holding, or performing the duties of, that office; or
if the regulations designate a particular office for the purposes of that component‑the person for the time being holding, or performing the duties of, that office.
The relevant authority in relation to a component of the Service shall, on behalf of the Commonwealth, appoint as officers in that component such number of persons as he thinks necessary for the purpose of achieving the object of this Act in relation to that component.
Subject to the next succeeding subsection, a person shall not be appointed as an officer by a relevant authority unless:
he is an Australian citizen;
he possesses such educational qualifications, and such other qualifications (if any), as are determined by the relevant authority;
the relevant authority is satisfied as to his health and physical fitness;
the relevant authority is satisfied that he is a fit and proper person to be an officer; and
he makes and subscribes, before the relevant authority, a person appointed by the relevant authority or a justice of the peace, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Second Schedule.
Where, in the opinion of the relevant authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the relevant authority may, in writing, waive, for a specified period or otherwise, the requirements referred to in paragraphs (2)(a) and (e) in relation to:
the appointment of a specified person to any position in the Service; or
the appointment of any person to a specifiedposition, or to a position included in a specified class of positions, in the Service.
Notwithstanding subsection (3), a waiver by the relevant authority under that subsection is not effective unless and until the Minister has, in writing, approved the waiver.
Subject to this Part, officers hold office on such terms and conditions as the Public Service Board determines.
A determination under subsection (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
any of the provisions of a determination made under section 82D of the Public Service Act 1922 as in force at a particular time or as in force from time to time; or
any of the provisions of another determination made under subsection (4), or of a determination made under subsection 23(4), as in force at a particular time or as in force from time to time.
Subsections 82D(8) to (12), inclusive, and sections 82E and 82F of the Public Service Act 1922 apply in relation to determinations made under subsection (4) of this section in like manner as they apply in relation to determinations made under section 82D of the Public Service Act 1922.
Officers appointed by a relevant authority shall perform duties as directed by that relevant authority.
The relevant authority may, from time to time, by advertisement in the daily newspapers or elsewhere, invite persons to apply for appointment as officers.
The relevant authority shall specify in any such advertisement:
the classes of positions in respect of which applications for appointment are invited;
the salaries, or limits of salaries, that will be applicable upon appointment;
where applicable:
the age limits for appointment;
the qualifications required to be possessed before appointment and the period, if any, within which the qualifications or any of them must have been obtained; and
the date on which persons who obtained or obtain the required qualifications during a period specified for the purposes of the last preceding subparagraph will cease to be qualified for appointment by virtue of those qualifications;
the manner of ascertaining the order in which offers of appointmentwill be made;
the date by which applications for appointment are required to be received; and
such other matters, if any, as the relevant authority considersdesirable.
Offers of appointment to qualified persons who have applied for appointment in pursuance of an advertisement under this section shall be made in the order ascertained in accordance with the terms of the advertisement.
Nothing in this section prevents the appointment as an officer of a qualified person who has applied for appointment otherwise than in pursuance of an advertisement under this section.
Unless the relevant authority, in a particular case, otherwise directs, the appointment of every officer shall be on probation for a period of six months commencing on the date on which the officer commences duties in pursuance of his appointment.
A person appointed as an officer on probation remains a probationer until his appointment is confirmed or terminated in accordance with this section.
The relevant authority may, at any time during the period of six months, terminate the appointment.
As soon as practicable after the expiration of the period of six months, the relevant authority shall:
confirm the appointment;
terminate the appointment; or
direct that the probationer continue on probation for such further period (not being a period exceeding six months) as the relevant authority thinks fit.
Where the relevant authority directs that a probationer continue on probation for a further period, he may confirm or terminate the appointment of the probationer at any time during that further period and, if he has not confirmed or terminated the appointment before the expiration of that period, shall do so as soon as practicable after the expiration of that period.
Where the appointment of a probationer is terminated, the relevant authority shall notify the probationer in writing of the reasons for the termination.
The relevant authority in relation to a component of the Service may, on behalf of the Commonwealth, engage persons as temporary employees to perform services in relation to that component.
Persons engaged as temporary employees shall be employed on such terms and conditions as the Public Service Board determines.
A determination under subsection (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
any of the provisions of a determination made under section 82D of the Public Service Act 1922 as in force at a particular time or as in force from time to time; or
any of the provisions of another determination made under subsection (4), or of a determination made under subsection 20(4), as in force at a particular time or as in force from time to time.
Subsections 82D (8) to (12), inclusive, and sections 82E and 82F of the Public Service Act 1922 apply in relation to determinations made under subsection (4) of this section in like manner as they apply in relation to determinations made under section 82D of the Public Service Act 1922.
Persons engaged as temporary employees by a relevant authority shall perform duties as directed by that relevant authority.
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