COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5, 1981
COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 - SECT. 1. Short title.
COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 An Act to amend the Commonwealth Teaching Service Act 1972, and for purposes connected therewith BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the Commonwealth Teaching Service Amendment Act 1981.*1* (2) The Commonwealth Teaching Service Act 1972*2* is in this Act referred to as the Principal Act. COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 - SECT. 2. Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 - SECT. 3. Administrative staff
3. Section 18 of the Principal Act is amended by adding at the end thereof "or be members of the Service". COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 - SECT. 4.
4. After section 43Q of the Principal Act the following Division is inserted in Part III: "Division 10-Transfer of certain members to the Teaching Service of the Northern Territory Interpretation "43R. (1) In this Division, unless the contrary intention appears- 'appropriate authority of the Northern Territory' means a person authorized by a law of the Northern Territory, or by a delegation given under such a law, to appoint persons to be officers of the Teaching Service of the Northern Territory; 'transferred employee' means a temporary employee of the Commonwealth Teaching Service who is transferred to the Teaching Service of the Northern Territory under section 43T; 'transferred officer' means an officer of the Commonwealth Teaching Service who is transferred to the Teaching Service of the Northern Territory under section 43T. "(2) A person who becomes a transferred officer upon being transferred to the Teaching Service of the Northern Territory under section 43T continues to be a transferred officer for the purposes of this Division until he ceases to be employed in the Teaching Service of the Northern Territory. Minister to be satisfied as to form of Northern Territory law "43s. (1) 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 sub-section (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. "(2) The provision to be made for the purposes of sub-section (1) is provision- (a) 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- (i) except where sub-paragraph (ii) applies-without probation; or (ii) if his appointment as an officer of the Commonwealth Teaching Service has not been confirmed before that date-upon probation, upon terms entitling him to continue to be employed in the Northern Territory Teaching Service otherwise than for a term of years; (b) 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; (c) for a transferred officer who is, on the date of his transfer,
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performing duty for an authority, body or person by reason of his having been authorized to do so under this Act- (i) to be entitled to continue, on and after that date, to perform duty for that authority, body or person for the remainder of the period 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; (ii) 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 (iii) to be entitled, upon the termination of the leave of absence referred to in sub-paragraph (ii), to be paid salary at the rate that the appropriate authority of the Northern Territory determines to be the appropriate 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; (d) 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- (i) 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 (ii) 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; (e) for a transferred officer or a transferred employee to retain such rights (if any) in respect of- (i) recreation leave; and (ii) leave on the ground of illness, as had accrued to him as an officer of, or employee in, the Commonwealth Teaching Service immediately before the date of his transfer; (f) 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- (i) 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 service in the Commonwealth Teaching Service under the law of the Commonwealth relating to long service leave; and (ii) 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, and for the amount of pay in lieu of long service leave payable to, or in relation to, a transferred officer or transferred employee to be calculated in a like manner; (g) 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 (h) 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
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service in the Teaching Service of the Northern Territory. "(3) Where, while a notice under sub-section (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 sub-section (2). "(4) Subject to sub-section (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. "(5) 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 Christman Island by reason of his having been authorized to do so under this Act. Minister may transfer members to Teaching Service of Northern Territory "43T. (1) Where a declaration under section 43S is in force, the Minister may, upon recommendation made to him by the Commissioner after the Commissioner has consulted with the appropriate authority of the Northern Territory, by instrument under his hand, transfer to the Teaching Service of the Northern Territory- (a) a specified member of the Commonwealth Teaching Service; (b) the members of the Commonwealth Teaching Service occupying positions included in a specified class of positions in that Service; or (c) the members of the Commonwealth Teaching Service included in a specified class of members of that Service, on a day specified in the instrument. "(2) An instrument under sub-section (1) does not apply to a person specified or referred to in the instrument if he ceases, otherwise than by virtue of sub-section (3), to be a member of the Commonwealth Teaching Service before the day on which he would, but for this sub-section, be transferred to the Teaching Service of the Northern Territory. "(3) Where a person is transferred to the Teaching Service of the Northern Territory under sub-section (1), the person ceases to be a member of the Commonwealth Teaching Service on the expiration of the day immediately preceding the date of his transfer. "(4) Where a person who is transferred to the Teaching Service of the Northern Territory under sub-section (1) was, immediately before his transfer, a person to whom the Officers' Rights Declaration Act 1928 applied- (a) he continues to retain his existing and accruing rights; (b) for the purpose of determining those rights, his service under this Act and his service in the Teaching Service of the Northern Territory shall be taken into account as if they were service in the Australian Public Service; and (c) the Officers' Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act. Right to re-enter Commonwealth Teaching Service by way of transfer or promotion "43U. (1) Sections 27, 28 and 29 apply, subject to this section and to such modifications (if any) as are prescribed, in relation to a transferred officer as if- (a) he were an officer of the Commonwealth Teaching Service; (b) he were the holder of a position in the Commonwealth Teaching Service having a classification equivalent, or as nearly as possible equivalent, to the classification of the position held by him immediately before his transfer to the Teaching Service of the Northern Territory; and (c) he had the same seniority as he had in the Commonwealth Teaching Service
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immediately before his transfer to the Teaching Service of the Northern Territory. "(2) Subject to sub-section (6), where a transferred officer commences to perform the duties of a position in the Commonwealth Teaching Service to which he has been transferred or promoted- (a) he shall be deemed to have been re-appointed to the Commonwealth Teaching Service as an officer on the day on which he commences to perform those duties; (b) he shall be deemed to have been so re-appointed to the Commonwealth Teaching Service without probation unless the Commissioner, by instrument in writing, otherwise determines; and (c) he is entitled to be paid salary and allowances as the holder of the position from and including that day, and not otherwise. "(3) Subject to sub-sections (4) and (5), where a transferred officer who has been transferred or promoted to a position in the Commonwealth Teaching Service- (a) does not commence to perform the duties of that office within the period of 30 days after notice of the transfer or promotion is published in the Gazette; or (b) notifies the Commissioner, in writing, before the expiration of that period, that he declines the transfer or promotion, the transfer or promotion, as the case may be, is of no force or effect. "(4) Where a transferred officer is transferred or promoted to a position in the Commonwealth Teaching Service, the Commissioner may, on application made by the person before the expiration of the period of 30 days after notice of the transfer or promotion is published in the Gazette, determine that sub-section (3) shall have effect in relation to the transfer or promotion as if the reference in that sub-section to a period of 30 days were a reference to such longer period as is specified in the determination. "(5) Where- (a) a transferred officer is transferred or promoted to a position in the Commonwealth Teaching Service; (b) at the time when notice of the transfer or promotion is published in the Gazette, the person is absent from his employment in the Teaching Service of the Northern Territory on leave granted before that time; and (c) the Commissioner has not made a determination under sub-section (4) in relation to the transfer or promotion, references in sub-section (3) to the period of 30 days after notice of the transfer or promotion is published in the Gazette shall be read as references to the period of 30 days after the expiration of the period of the leave so granted to him. "(6) Where- (a) a transferred officer- (i) has, under section 27, in its application to him by virtue of sub-section (1), been provisionally promoted to fill a vacant position in the Commonwealth Teaching Service; or (ii) has under section 29, in its application to him by virtue of that sub-section, appealed against the provisional promotion of another person to fill such a position; and (b) the officer ceases to be a transferred officer before the provisional promotion is confirmed or cancelled, then, subject to sub-section (7)- (c) the preceding provisions of this section continue to apply to and in relation to the promotion or appeal as if he had not ceased to be a transferred officer; and (d) if he commences to perform the duties of the position as a result of his having been promoted to the position, or of his provisional promotion to the position having been confirmed- (i) he shall be deemed to have been re-appointed to the Commonwealth Teaching Service as an officer on the day immediately following the day on
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which he ceased to be a transferred officer and to have been absent from the Commonwealth Teaching Service on leave of absence without pay from the day on which he is to be deemed to have been so re-appointed until he commences to perform the duties of the position; and (ii) the period during which he is to be deemed to have been absent from the Commonwealth Teaching Service on leave of absence without pay shall form part of his period of service under this Act for all purposes of this Act and of the Long Service Leave (Commonwealth Employees) Act 1976. "(7) Sub-section (6) does not apply to a person who ceased to be a transferred officer upon the termination of his employment by reason of- (a) his resignation, invalidity or misconduct; (b) the annulment of his appointment while he was a probationary employee; or (c) his having attained the age of 65 years. Application for re-appointment to Service "43V. (1) Where a prescribed condition of re-appointment is fulfilled in respect of a transferred officer, he may, while he is a transferred officer or, subject to sub-section (3), after he ceases to be a transferred officer, make application to the Commissioner for re-appointment to the Commonwealth Teaching Service on the ground that that condition has been so fulfilled. "(2) Each of the following conditions is a prescribed condition of re-employment in respect of a transferred officer or former transferred officer: (a) that his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated otherwise than on the ground of his invalidity or by reason of his resignation; (b) that, in a case where his employment in the Teaching Service of the Northern Territory has been terminated by reason of his having been found by a court to have committed a criminal offence- (i) the finding of the court has been nullified; and (ii) he has made application for re-appointment to that Service but has been refused re-appointment; (c) that- (i) he is employed, and has at all times since he became employed, in the Teaching Service of the Northern Territory continued to be employed, in that Service; and (ii) his career in that Service has been adversely affected by reason of a reduction or reductions in, or an alteration or alterations to, the activities of that Service. "(3) A transferred officer is not entitled to make application under sub-section (1) on the ground that a prescribed condition of re-appointment has been fulfilled in relation to him- (a) if he has attained the age of 65 years; (b) if his employment in the Teaching Service of the Northern Territory is to be terminated and he will attain the age of 65 years on or before the day on which that employment is to be terminated; or (c) if his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated by reason of his resignation or on the ground of his invalidity. "(4) Where a transferred officer- (a) has made an application under sub-section (1); and (b) attains the age of 65 years while continuing to be employed in the Teaching Service of the Northern Territory, the application lapses. "(5) An application by a transferred officer under sub-section (1)- (a) shall be in writing; (b) shall be made-
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(i) if his application is on the ground that the prescribed condition of re-appointment referred to in paragraph (a) of sub-section (2) has been fulfilled in relation to him-before, or within the period of 30 days, or such further period as the Commissioner allows, after, the day on which his employment in the Teaching Service of the Northern Territory is terminated; or (ii) if his application is on the ground that the prescribed condition of re-appointment referred to in paragraph (c) of sub-section (2) has been fulfilled in relation to him-within the period of 30 days, or such further period as the Commissioner allows, after the day on which the reduction or last reduction in, or the alteration or last alteration to, the activities of the Teaching Service of the Northern Territory occurs; (c) shall specify the prescribed condition of re-appointment that he alleges has been fulfilled in relation to him and, if he specifies the prescribed condition of re-appointment referred to in paragraph (a) of sub-section (2), state whether his employment is to be terminated, or was terminated, on the ground of his misconduct; (d) shall specify the kind of employment in the Commonwealth Teaching Service in which he seeks to be engaged; and (e) shall, in a case where- (i) he had been provisionally promoted to fill a vacant office in the Commonwealth Teaching Service, or had appealed against the provisional promotion of another person to fill such an office, before the day on which his employment in the Teaching Service of the Northern Territory is terminated; and (ii) the provisional promotion had not been confirmed or cancelled before that day, set out particulars of the provisional promotion or of the appeal, as the case may be. "(6) The Commissioner shall refer an application made to him under sub-section (1) to a Re-appointments Review Committee. "(7) The Re-appointments Review Committee to which an application under sub-section (1) is referred shall inquire into the application and- (a) if it is satisfied that a prescribed condition of re-appointment has been fulfilled in relation to the applicant- (i) determine that the applicant is eligible for re-appointment to the Commonwealth Teaching Service with a specified designation, and at a specified salary, or at a specified salary within specified limits of salary; (ii) determine whether, having regard only to the period of the applicant's service in the Commonwealth Teaching Service and in the Teaching Service of the Northern Territory, the applicant should, in its opinion, be re-appointed on probation; and (iii) if that prescribed condition is the condition referred to in paragraph (b) of sub-section (2)-determine whether the period that commenced on the day immediately following the day on which his employment in the Teaching Service of the Northern Territory was terminated and ending on the day immediately preceding the day on which he reports for duty in the Commonwealth Teaching Service or, if he furnishes a notification under paragraph (b) of sub-section (4) of section 43W, on the day on which he attains the age of 65 years, or any part of that period, is to form part of his period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976) and, if so, the purposes for which it is to form part of his period of service; and (b) if it is not so satisfied-determine that the applicant is not eligible for re-appointment to the Commonwealth Teaching Service. "(8) Where the Re-appointments Review Committee that inquires into an application under sub-section (1) is satisfied that the employment of the applicant was terminated on the ground of his misconduct, it shall not determine that he is eligible for re-appointment to the Commonwealth Teaching Service unless it is satisfied that, if the applicant had committed that misconduct while employed as an officer of the Commonwealth Teaching Service, it is likely that he would not have been dismissed from that Service. "(9) The Re-appointments Review Committee that inquires into an application under sub-section (1) by an applicant whose employment in the Teaching Service
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of the Northern Territory is to be, or has been, terminated in consequence of the annulment, for any reason, of his appointment while he is or was a probationer shall not determine that the applicant is eligible for re-appointment to the Commonwealth Teaching Service unless it is satisfied that, if the applicant had been serving as an officer in the Commonwealth Teaching Service on probation, it is likely that his appointment to the Commonwealth Teaching Service would not have been annulled for that reason. "(10) In making a determination under sub-section (7), the Re-appointments Review Committee shall have regard to- (a) the designation applicable to the applicant; and