Education (School Administrative and Support Staff) Act 1987

This Act may be cited as the Education (School Administrative and Support Staff) Act 1987.

This Act shall commence on a day to be appointed by proclamation.

In this Act—

classification means a classification of school administrative and support staff referred to in section 5.

Department means the Department of Education.

permanent employee means a member of the school administrative and support staff employed on a permanent basis under this Act.

temporary employee means a member of the school administrative and support staff employed on a temporary basis under this Act.

remuneration includes salary and wages.

school administrative and support staff means school administrative and support staff of the Department.

Secretary means the Secretary of the Department.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes included in this Act do not form part of this Act.

The school administrative and support staff of the Department consists of the permanent employees and temporary employees who are for the time being employed under this Act.

The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member of the school administrative and support staff.

The classifications of school administrative and support staff of the Department are such classifications as the Minister may from time to time determine.

The Secretary may create positions in any classification.

The Secretary may determine the number of working hours for any such position (whether on a weekly basis or on any other basis), and may vary the number so determined or any such basis from time to time (whether or not the position is occupied).

The Minister may from time to time make determinations relating to either or both of the following—

the classes or descriptions of school administrative and support staff who may be employed in any classification,

the maximum number of school administrative and support staff who may be employed in any classification.

The duties of school administrative and support staff shall be as determined by the Secretary or as specified by the regulations.

In the event of an inconsistency, the regulations prevail.

The protection of children is to be the paramount consideration—

in taking any action with respect to a member of the school administrative and support staff under this Act, and

in dealing with any appeal against, or determining any claim arising from or in relation to, that action.

This section has effect despite anything in the Industrial Relations Act 1996 or any other Act or law.

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—

immediately give to the Secretary notice of the bankruptcy, composition, arrangement or assignment, and

within such period as the Secretary specifies, provide the Secretary with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the Secretary requires.

A member of the school administrative and support staff is not to undertake any other paid work without the permission of the Secretary.

The Secretary may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.

Any such guidelines must be made available to members of the school administrative and support staff in such manner as the Secretary thinks appropriate.

This section does not apply to a temporary employee employed for less than 10 weeks.

A member of the school administrative and support staff who—

is charged with, or who is found guilty of, an offence that is punishable by imprisonment for 12 months or more, or

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 Secretary.

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 Secretary.

The requirement to report to the Secretary under this section does not apply if the matter has already been reported to the Secretary under section 32L.

The Secretary may prepare and maintain a list of persons who the Secretary determines are not to be employed as members of the school administrative and support staff.