Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Education, Arts And Culture, Service Law

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz - Bundesministerium für Unterricht, Kunst und Kultur, Bereich Dienstrecht

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
151. Federal law that modifies the country teacher service law and the law of teaching internship (Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry for education, arts and culture, service law)

The National Council has decided:

Article 1

Change of country teachers service law

The country teacher service law (LDG 1984), Federal Law Gazette No. 302/1984, as last amended by Federal Law Gazette I no. 24/2013, is amended as follows:

1 in § 12 section 7, section 19, paragraph 6, in the heading to § 98 and in article 98 is replaced by the word "Complaint" the word "Vocation".

2. in article 72, para. 3, the term "promise Supervisory Commission" is replaced by the term ' staff supervisory authority ' Z 2.

3. paragraph 75 paragraph 2:

"(2) the disciplinary attorney or the disciplinary counsel is granted the right, 1 against decisions of the disciplinary Commission in accordance with article 132 paragraph 5 B-VG appeal at the Administrative Court of the land and 2 against the realization of the State administrative court in accordance with article 133 paragraph 8 B-VG to revision at the administrative court."

4. paragraph 80 paragraph 2:

"(2) the complaint against a (provisional) suspension has no suspensive effect."

5. in article 80, paragraph 3a is replaced by the phrase "Appeal at the Administrative Court of the land" the phrase "Appeal to the landesgesetzlich this competent authority".

6 last sentence, § 88 together with heading and section 92, paragraph 2, last sentence accounts for § 67 together with heading, § 80 paragraph 6, section 82, paragraph 3.

7. in paragraph 95, last sentence and paragraph 4 accounts for 1.

8 § 97a is as follows:

'article 97a. Final disciplinary findings and final setting decisions are to publish the or the Chairman of the authority for the implementation of the disciplinary procedure immediately in an anonymous form."

9. in paragraph 123 receives I of paragraph 69 as amended by Federal Law Gazette No. 24/2013 the designation "70" and 71 the following paragraph shall be added:

"(71) § 12 section 7, section 19 para 6, § 72 ABS. 3 Z 2, article 75, paragraph 2, section 80, paragraph 2 and 3a, § 97a and 98 section including headline of this Federal Act in the version of Federal Law Gazette I no. 151/2013 with 1 January 2014 into force;" at the same time, § 67 together with heading contact § 80 para,  "6, § 82 para 3 last sentence, § 88 together with heading, § 92 para 2 last sentence, article 95, paragraph 1 the last sentence and paragraph 4 override."

Article 2

Amendment of the Act of teaching internship

The teaching internship law (UPG), Federal Law Gazette No. 145/1988, as last amended by Federal Law Gazette I no. 24/2013, is amended as follows:

1. in article 19, paragraph 1 Nos. 1 and 2 and paragraph 4 No. 2 is the phrase "life community lives in" respectively by the phrase "in cohabitation or registered partnership's living" replaced.

2. in article 19, paragraph 1, at the end of the No. 2 the point "or" replaced by the word and following Z 3 added: "3. due to the accompaniment of his sick child, option - or nursing child, stepchild or of the child of the person, with which he lives in cohabitation or registered partnership, during a stay in a hospital and nursing home, where the child still not completed the tenth year of life has."

3. § 19 paragraph 4a is eliminated and is the paragraph 5:

"(5) in the case of which care has her or his sick child (option - or nursing child) also the teaching intern or the teaching intern claim to care exemption pursuant to paragraph 1 Nos. 1 and 4, or not with her or his diseased child (option - or foster child) in the common household lives."

4. paragraph 7 and section 27 para. 4 accounts for § 24.

5. under section 24, the following Article 24a and heading shall be inserted:

"Provisorialverfahren (opposition)

§ 24a. (1) against decisions of the Director or the Director in matters pertaining to section 24 para 5, opposition to the competent provincial (Vienna City School Board) is allowed. The opposition is in writing (in any technically feasible form, but not by email) to introduce within fourteen days after the handing over or delivery of the certificate to the school.

(2) with insertion of contradiction occurs (provisoriale) decision of the Director or head of override. In these cases, the provincial (Vienna City School Board) has to initiate the administrative procedure and the decision by decision.

(3) If a review of assessment a teaching intern or a teaching intern in religion, the opinion of the competent ecclesiastical authority must be obtained. In the event of a change which is to issue a certificate of the accordingly modified."

6. in article 27, paragraph 3, the word "Appeal" is replaced by the word "Complaint".

7 15 the following paragraph is added to article in 30:

"I will take no. 151/2013 (15) § 24a including headline and article 27 par. 3 of the Federal Act in the version of Federal Law Gazette 1 January 2014 effect; at the same time occur. section 24, paragraph 7 and article 27 par. 4 override"