Commonwealth Teaching Service Act 1972

Where the Minister is satisfied that the laws of the Northern Territory relating to the terms and conditions of service of persons appointed to be officers, or engaged as employees, of the Teaching Service of the Northern Territory make provision as set out in subsection (2), the Minister may, by notice published in the Gazette, declare that he is satisfied that the laws of the Northern Territory comply with the requirements of this section.

The provision to be made for the purposes of subsection (1) is provision:

for a transferred officer to be deemed, by virtue of his transfer, to have been duly appointed, on the date of his transfer, to be an officer of the Teaching Service of the Northern Territory:

except where subparagraph (ii) applies‑without probation; or

if his appointment as an officer of the Commonwealth Teaching Service has not been confirmed before that date‑upon probation;

for a transferred officer, other than a transferred officer referred to in paragraph (c), to be entitled, upon his transfer, to be paid salary at a rate not less than the rate at which salary was payable to him in respect of the position held by him in the Commonwealth Teaching Service immediately before the date of his transfer;

for a transferred officer who is, on the date of his transfer, performing duty for an authority, body or person by reason of his having been authorized to do so under this Act:

to be entitled to continue, on and after that date, toperform duty for that authority, body or person for the remainder of theperiod for which he has been authorized to do so as if he had been authorized to do so in accordance with the terms and conditions of his service in the Teaching Service of the Northern Territory and upon terms and conditions similar to the terms and conditions upon which he was authorized to do so under this Act;

to be deemed to have been granted, on the date of his transfer, leave of absence without pay from the Teaching Service of the Northern Territory for the period commencing on that date and ending on the last day of the period for which he is to be treated as authorized to perform duty for that authority, body or person; and

to be entitled, upon the termination of the leave of absence referred to in subparagraph (ii), to be paid salary at the rate thatthe appropriate authority of the Northern Territory determines to be theappropriate rate having regard to the rate at which salary was payable to him in respect of the position held by him in the Commonwealth Teaching Service immediately before he commenced to perform duty for that authority, body or person and the period during which he performed that duty;

for a transferred employee to be deemed, by virtue of his transfer, to have been engaged, on the date of his transfer, as an employee of the Teaching Service of the Northern Territory on terms entitling him to continue to be employed in that Service:

for such period only as the appropriate authority of the Northern Territory determines having regard to the work ordinarily performed, or last performed, by the employee in the Commonwealth Teaching Service and to the period during which the employee was likely to continue to be a temporary employee; and

at such a salary as the appropriate authority of the Northern Territory determines to be the appropriate salary for the employee having regard to the nature of the work performed by the employee during the period, or the last period, of his temporary employment in the Commonwealth Teaching Service, or, if that period was in excess of 3 months, during the period of 3 months immediately preceding the date of his transfer;

for a transferred officer or a transferred employee to retain such rights (if any) in respect of:

recreation leave; and

for the entitlement of a transferred officer or transferred employee to long service leave in respect of his service in the Teaching Service of the Northern Territory to be determined:

in accordance with a rate of accrual of long service leave that is not less than the rate of accrual of long service leave that was applicable to him, immediately before his transfer, in respect of his servicein the Commonwealth Teaching Service under the law of the Commonwealth relating to long service leave; and

in respect of a period of service that is not less than the period ascertained by aggregating the period of his service in the Teaching Service of the Northern Territory after his transfer and the period that was, immediately before his transfer, the period of his service for the purposes of the law of the Commonwealth relating to long service leave;

for a transferred officer or a transferred employee to whom leave of absence has been granted from the Commonwealth Teaching Service for a period commencing on or before the date of his transfer and ending after that date to be deemed to have been granted leave of absence for the purpose for which that leave was granted for the period commencing on the day of his transfer and ending on the last day of the first‑mentioned period; and

for the probationary service in the Commonwealth Teaching Service of a transferred officer who is deemed to have been appointed to the Teaching Service of the Northern Territory on probation to be treated as probationary service in the Teaching Service of the Northern Territory.

Where, while a notice under subsection (1) is in force, a change occurs in the laws of the Northern Territory relating to the terms and conditions of service of employees of the Teaching Service of the Northern Territory, the Minister shall, by notice published in the Gazette, revoke that notice if it appears to him that the laws of that Territory no longer make provision as set out in subsection (2).

Subject to subsection (5), paragraph (2) (c) does not apply to or in relation to a transferred officer who is, on the date of his transfer, performing teaching duties in a Commonwealth school in the Australian Capital Territory or the Territory of Christmas Island or in a school conducted by the Government of the Northern Territory.

Where a transferred officer who is, on the date of his transfer, performing teaching duties in a Commonwealth school in the Territory of Christmas Island was, immediately before he commenced, or last commenced, to perform teaching duties in Commonwealth schools in that Territory, performing teaching duties in a Commonwealth school in the Northern Territory or in a school conducted by the Government of the Northern Territory, paragraph (2)(c) applies to and in relation to that transferred officer and, for the purpose of the application of that paragraph accordingly, he shall be deemed to be performing, on the date of his transfer, duty for the Commonwealth in Commonwealth schools in the Territory of Christmas Island by reason of his having been authorized to do so under this Act.