Teaching Services Act 1980

This Act may be cited as the Teaching Service Act 1980.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(Repealed)

In this Act—

appointed day means 20 October 1980.

Department means the Department of Education.

exercise a function includes perform a duty.

function includes a power, authority or duty.

officer means a person employed in the Teaching Service other than as a temporary employee.

position includes office.

school means a government school established under the Education Act 1990.

school principal means a person appointed to the position of principal of a school.

Secretary means the Secretary of the Department.

senior position means any position in the Teaching Service to which a person employed in the Teaching Service could be promoted.

Teaching Service means the Teaching Service of New South Wales referred to in section 44.

temporary employee means a person employed under section 50.

Note—

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

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

Except to the extent that this Act otherwise expressly provides, nothing in this Act amends or affects the provisions of the Industrial Relations Act 1996.

The protection of children is to be the paramount consideration—

in taking any action with respect to an officer or temporary employee 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.

The Secretary is responsible to the Minister for the general conduct and the efficient, effective and economical management of the functions and activities of the Teaching Service.

For the purpose of exercising that responsibility, the Secretary may take such action as the Secretary considers appropriate in the circumstances.

(Repealed)

The Secretary has the following functions—

to classify the schools in which members of the Teaching Service are employed,

to determine the staff positions in the Teaching Service (including the teaching positions in schools),

to determine the method of classifying and grading officers employed in the Teaching Service,

to determine the qualifications required for appointment to the Teaching Service,

to prepare and maintain a list of persons who the Secretary determines are not to be employed in the Teaching Service,

to maintain discipline in the Teaching Service.

Subsection (1) does not limit the functions that are conferred or imposed on the Secretary by or under this Act.

The Secretary may delegate to an authorised person any of the functions of the Secretary under this Act other than—

this power of delegation, or

the functions conferred or imposed under section 100.

A delegate may sub-delegate to an authorised person any function delegated by the Secretary if the delegate is authorised to do so by the Secretary.

In this section—

authorised person means—

an officer or temporary employee, or

a Public Service employee, or

a member of staff of the TAFE Commission.

Despite section 24 of the Government Sector Employment Act 2013, an officer of the Teaching Service or a member of staff of the TAFE Commission may be appointed under that section to act in the position of Secretary while that position is vacant or if the holder of that position is suspended, sick or absent.

In this Division—

industrial matters has the same meaning as in the Industrial Relations Act 1996, subject to the following modifications—

the references to “employers” and “their employer” are to be construed as references to the Crown,

the references to “employees” are to be construed as references to members of the Teaching Service,

the references to “any industry” and “an industry” are to be construed as references to the Teaching Service.

The Secretary, in exercising a function under this Division, acts for the Crown.

The Secretary is, for the purpose of—

making any determination under section 13, or

any proceedings relating to members of the Teaching Service held before a competent tribunal having power to deal with industrial matters,

taken to be the employer of those members.