Version No. 052
Teaching Service Act 1981
Act No. 9714/1981
Version incorporating amendments as at 12 November 2003
table of provisions
SectionPage
1
SectionPage
Part I—Preliminary
1.Short title and commencement
2.Definitions
2A.Repealed9
Part II—The Teaching Service
Division 1—Categories of Personnel
3.Employment of teachers etc.
Division 2—Creation and Abolition of Offices
4.Creation and abolition of offices
Division 2A—Appointments Generally
4A.Method of appointment
4B.Vacant offices
Division 3—Recruitment and Initial Appointments
5.Appointments
6, 7.Repealed13
8.Appointment to be on probation
8A.Term of appointment
8B.Initial appointment of members of Principal Class
Division 4—Temporary Employment
9.Register, selection and qualifications
Division 5—Advertisements
10.Public notices
10A–10C. Repealed
Part III—Classifications, Salaries, Allowances and Conditions of Work
Division 1—Preliminary
11.Order in respect of employment in the teaching service
12.Reclassification of an office
13.Annual increments of salary or wages
14.Provision in an Appropriation Act
15.Repealed
Division 2—The Principal Class
16.Definitions
17.Declaration of offices in the Principal Class
18.Employer
19.Remuneration packages
20.Employment of members of Principal Class to be governed by contract of employment
21.Application of Employee Relations Act 1992
22.Matters regulated by a contract of employment
23.Monetary remuneration and employment benefits
24.Travelling and subsistence allowances etc.
25.Performance review of a member of the Principal Class
26.Termination of a contract of employment
27.Vacancy of Principal Class office
28.Repealed
29.Contracts prevail in certain circumstances
30.Certain legal proceedings excluded
31.Division 5 of Part 3 of Public Sector Management and Employment Act not to apply
Division 2A–2E—Repealed
32–33Q.Repealed
Division 3—Leave and Other Entitlements
34.Leave of absence for recreation or illness
35.Extended leave
36.Leave of absence for employment, studies etc.
37.Long service leave
38.Payment in lieu of long service leave to officer or employee in certain circumstances on his resignation or dismissal
39.Retiring gratuities
40.Officers engaged in work of a higher or lower class or grade
41.Gratuity and other remuneration
42.Rent charged to officers and employees residing in Government buildings
43.Officers not to engage in duties unconnected with office
44.Saving of rights of officers holding Government office
45.Incapacitated officers
46.Retirement
47.Absence from duty
48.Evidence
49.Fines to be stopped from salary
50.Oath of public offices
51.Changes in offices and powers and duties
52.Repealed
53.No claim for compensation if salary reduced or services dispensed with
Part IV—Transfers, Promotions, Appeals
Division 1—Transfers Between Teaching Service and Public
Service
54.Transfer, etc. from teaching service to public service
55.Transfer etc. from public service to teaching service
56.Rights in the public service preserved
57.Rights under this Act preserved
Division 2—Transfers and Promotions within the Teaching
Service
58.Transfers and promotions
58A.Repealed
59.Advertisement of teaching vacancies
60.Repealed
61.Secretary to consider recommendation of school council etc.
61A.Repealed
62.Transfer or promotion to a vacant office
62A.Term of office
62B.Appointment of members of the Principal Class
62C, 63.Repealed
Division 3—Appeals
64.Merit Protection Boards
64AA.Membership of Boards
64AB.Terms and conditions of appointment
64AC.Acting appointments
64AD.Allocation of work amongst the Boards
64AE.Oath of office
64AF.Decisions of Board
64AG.Reviews
64AH.Determination of Board
64AI.Review of Secretary's decision not to appoint
64A.Review of appointment of principal etc.
65.Efficiency
Part IVA—Dismissal and Suspension
65A.Dismissal of disqualified and unregistered teachers
65B.Suspension and dismissal of unregistered teachers
Part V—Discipline
66.Offences
67.Forfeiture of office
68.Alternative procedures
69.Preliminary investigation
70.Suspension from duty
71.Procedure for laying charges
72.Determinations of charges against officers
73.Conduct of proceedings
74.If charge not proved
75.Forfeiture of salary by charged officer
75A.Address for service
Part VI—General
76.Minister may delegate powers
77.Secretary may delegate powers
77A.Publication requirements
77B.Supreme Court—limitation of jurisdiction
78.Regulations
Part VII—Transitional
79.The Principal Act
80.Teaching Service Act 1958 to be repealed on appointed day
81.Saving
82.Saving for membership of Merit Protection Board
83–89.Repealed
______
SCHEDULE
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 052
Teaching Service Act 1981
Act No. 9714/1981
Version incorporating amendments as at 12 November 2003
1
Teaching Service Act 1981
Act No. 9714/1981
An Act to establish the Education Service, to repeal the Teaching Service Act 1958 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
1.Short title and commencement
S.1(1) amended by No. 10029 s.4(1)(a).
(1)This Act may be cited as the Teaching Service Act 1981.
(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S.1(3) amended by No. 10029 s.4(1)(b)(ii)(iii), repealed by No. 94/1987 s.5(1)(a).
*****
2.Definitions
s. 2
S. 2
amended by No. 46/1998
s. 7(Sch. 1) (ILA s. 39B(1)).
(1)In this Act unless inconsistent with the context or subject-matter—
S.2(1) def. of "approved agent" substituted by No. 10029 s.5(1)(a), repealed by No. 94/1987 s.5(1)(b)(i).
*****
S.2(1) def. of "approved unit" substituted by No. 10029 s.5(1)(a), repealed by No. 94/1987 s.5(1)(b)(i).
*****
S.2(1) def. of "award" inserted by No. 94/1987 s.5(1)(b)(i), amended by No. 47/1992 s.25(9)(a), substituted by No. 83/1992 s.184(Sch. 6 Item 21.1(a)), repealed by No. 82/1994
s. 13(Sch. 2 item 8.1).
*****
S. 2(1) def. of "classifi-cation" amended by No. 22/1996
s. 27(a)(ii).
"classification" includes the division class subdivision or grade in which any officer employee or work is placed and the title (if any) by which any office is designated; and "classify" has a corresponding interpretation;
S.2(1) def. of "Commiss-ion" substituted by No. 10029 s.5(1)(b), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "Commiss-ioner" substituted by No. 10029 s.5(1)(b), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "determin-ation"
inserted by No. 10029 s.5(1)(c), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
s. 2
S.2(1) def. of "Director-General" repealed by No. 73/1991 s.6(1)(a)(i).
*****
S.2(1) def. of "Chief General Manager" inserted by No. 73/1991 s.6(1)(a)(i), repealed by No. 46/1998
s. 7(Sch. 1).
*****
S.2(1) def. of "Director" inserted by No. 44/1993 s.15(b), repealed by No. 46/1998
s. 7(Sch. 1).
*****
S.2(1) def. of "Education Gazette" repealed by No. 44/1993 s.15(a).
*****
S.2(1) def. of "Education Service Appeals Board" repealed by No. 10029 s.5(1)(d).
*****
S. 2(1) def. of "efficiency" inserted by No. 15/1999 s.7.
"efficiency" means—
s. 2
(a)special qualifications and aptitude for the discharge of the duties of the office to be filled together with merit diligence and good conduct; and
(b)in relation to an office that the Minister has determined to be an office to which this paragraph applies "efficiency" is, in relation to the filling of the office, deemed to include special qualifications and aptitude for the discharge of the duties of higher offices in the teaching service;
S. 2(1) def. of "employee" amended by No. 22/1996
s. 27(a)(ii).
"employee" means any person engaged under the provisions of Division 4 of Part II of this Act;
S.2(1) def. of "government office" amended by No. 10029
s. 5(1)(e), substituted as "Employee Relations Commission" by No. 83/1992 s.184(Sch. 6 Item 21.1(b)), repealed by No. 59/1996
s. 10(Sch. 2 item 21.1(a)).
*****
S.2(1) def. of "industrial association of employees" inserted by No. 94/1987 s.5(1)(b)(iii), amended by Nos 83/1992 s.184(Sch. 6 Item 21.1(c)), 59/1996
s. 10(Sch. 2 item 21.1(b)).
"industrial association of employees" means an organisation of employees registered under the Workplace Relations Act 1996 of the Commonwealth;
s. 2
S.2(1) def. of "member of the Principal Class" inserted by No. 96/1993 s.4.
"member of the Principal Class" means a member of the teaching service who holds an office which has been declared to be an office in the Principal Class by Ministerial Order;
S.2(1) def. of "Industrial Relations Commission" inserted by No. 94/1987 s.5(1)(b)(iii), repealed by No. 83/1992 s.184(Sch. 6 Item 21.1(d)).
*****
S.2(1) def. of "industrial dispute" inserted by No. 10029 s.5(1)(f), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "industrial matter" inserted by No. 10029
s. 5(1)(f), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "Minister" repealed by No. 73/1991 s.6(1)(a)(ii).
*****
s. 2
S.2(1) def. of "Ministerial order" inserted by No. 94/1987 s.5(1)(b)(iv).
"Ministerial order" means an order made or deemed to be made by the Minister under section 11;
S.2(1) def. of "officer" amended by Nos 10029 s.5(1)(g), 22/1996
s. 27(a)(ii).
"officer" means any person holding an office in the teaching service but does not include an employee;
"prescribed" means prescribed by the regulations and "prescribe" has a corresponding meaning;
S.2(1) def. of "President" substituted by No. 10029 s.5(1)(h), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "principals" amended by Nos 73/1991 s.6(1)(a)(iii), 46/1998
s. 7(Sch. 1).
"principals" means those persons appointed by the Secretary to designated positions as principals of schools;
s. 2
S. 2(1) def of "public notice" repealedby No.83/2003 s.7(a).
*****
S. 2(1) def. of "registered" insertedby No.83/2003 s.8.
"registered", in relation to a person employed in the teaching service, includes permitted to teach under the Victorian Institute of Teaching Act 2001;
"regulations" means regulations under this Act;
S. 2(1) def. of "Secretary" inserted by No. 46/1998
s. 7(Sch. 1), amendedby No.83/2003 s.14(2).
"Secretary" means the Secretary to the Department of Education and Training;
S.2(1) def. of "state school" inserted by No. 44/1993 s.15(c).
"state school" means any school conducted under the Education Act 1958;
S.2(1) def. of "State Training Board" inserted by No. 45/1990 s.118(a), repealed by No. 22/1996
s. 27(a)(i).
*****
S.2(1) def. of "TAFE Gazette" inserted by No. 13/1986 s.34(1), repealed by No. 94/1987 s.5(1)(b)(ii).
*****
S.2(1) def. of "teachers" amended by Nos 10029 s.5(1)(i), 22/1996
s. 27(a)(iii).
"teachers" means permanent officers employed in the teaching service for teaching in State schools and other temporary employees engaged for the same purpose;
s. 2
S.2(1) def. of "Teaching Service Appeals Board" inserted by No. 10029 s.5(1)(j) (as amended by No. 45/1990 s.119), repealed by No. 44/1993 s.15(a).
*****
S.2(1) def. of "Teaching Service Disciplinary Board" inserted by No. 10029 s.5(1)(j) (as amended by No. 45/1990 s.119), repealed by No. 44/1993 s.15(a).
*****
S.2(1) def. of "Technical and Further Education Board" inserted by No. 10029 s.5(1)(j), repealed by No. 22/1996
s. 27(a)(i).
*****
S.2(1) def. of "technical and further education" and "technical and further education teaching service" inserted by No. 9933 s.15(a), repealed by No. 22/1996
s. 27(a)(i).
*****
S. 2(2) inserted by No. 46/1998
s. 7(Sch. 1).
(2)If under the Public Sector Management and Employment Act 1998 the name of the Department of Education is changed, the reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S.2A
inserted by No. 10029 s.5(2), repealed by No. 94/1987 s.5(1)(c).
*****
s. 2
______
Pt 2 (Heading) amended by No. 10065 s.10(a).
Part II—The Teaching Service
Division 1—Categories of Personnel
S.3 substituted by No. 10029 s.7(1).
3.Employment of teachers etc.
s. 3
For the purposes of this Act, there shall be employed by Her Majesty in the teaching service teachers and principals and such other persons as are necessary for the purposes of this Act.
Division 2—Creation and Abolition of Offices
4.Creation and abolition of offices
S.4(1) amended by No. 10029 s.7(2)(a) substituted by No. 96/1993 s.13(1), amended by No. 46/1998
s. 7(Sch. 1).
(1)The Secretary may create, abolish or otherwise deal with any office in the teaching service.
S.4(2) repealed by No. 10029
s. 7(2)(b), news. 4(2) insertedby No. 96/1993 s.13(1), amended by No. 46/1998
s. 7(Sch. 1).
(2)The Secretary must classify and grade each office created under sub-section (1), but may only do so in the case of an office in the Principal Class, with the approval of the Minister.
S.4(3) repealed by No. 10029 s.7(2)(b).
*****
S.4(4) amended by Nos 73/1991 s.6(1)(b), 96/1993 s.13(2), 46/1998
s. 7(Sch. 1).
(4)Where an office is abolished the holder of the office shall become an unattached officer and shall be deployed by the Secretary to any other office the Secretary deems appropriate.
S.4(5) repealed by No. 10029 s.7(2)(b).
*****
Pt 2 Div. 2A (Heading and s.4A)
inserted by No. 44/1993 s.16.
Pt 2 Div. 2A (Heading) substituted by No. 15/1999 s.8.
Division 2A—Appointments Generally
S.4A
inserted by No. 44/1993 s.16, amended by No. 46/1998
s. 7(Sch. 1).
4A.Method of appointment
s. 4A
An appointment (whether by way of transfer or promotion or otherwise) to a position in the teaching service shall be made by the Secretary.
S. 4B
inserted by No. 15/1999 s.9.
4B.Vacant offices
(1)If an office is vacant or is about to become vacant, the Secretary may take steps to fill the vacancy under this Act.
(2)In the selection of a person to fill a vacant office, the Secretary must have regard to the relative efficiency of any two or more applicants for the office.
Division 3—Recruitment and Initial Appointments
5.Appointments
s. 5
S.5(1) amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(1)Whenever it appears necessary the Secretary may invite applications for appointment to offices in the teaching service and may appoint persons to those offices.
S.5(2) amended by No. 10029 s.8(1).
(2)Subject to this Act a person is not eligible for appointment to any office of the teaching service unless—
S.5(2)(a) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(a)the Secretary is satisfied after he has undergone a medical examination approved by the Secretary as to his health and physical fitness;
S. 5(2)(b) amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(b)the Secretary is satisfied that he is a fit and proper person to be an officer of the teaching service; and
S.5(2)(c) amended by Nos 73/1991 s.6(1)(b), 44/1993 s.17(a), 46/1998
s. 7(Sch. 1).
(c)the Secretary is satisfied that he has fulfilled such qualification requirements as are in effect at the time.
S. 5(2A) insertedby No.83/2003 s.9(1).
(2A)A person who has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence within the meaning of the Victorian Institute of Teaching Act 2001 is not eligible for appointment to an office in the teaching service .
S. 5(2B) insertedby No.83/2003 s.9(1).
(2B)A person is not eligible for appointment to an office in the teaching service unless the person is registered under the Victorian Institute of Teaching Act 2001.
S.5(3) inserted by No. 44/1993 s.17(b).
(3)A person is not eligible for appointment to an office in the teaching service unless he or she is—
(a)an Australian citizen; or
(b)a permanent resident in Australia under any law of the Commonwealth; or
(c)entitled to permanent residency in Australia under any law of the Commonwealth.
S.5(4) inserted by No. 44/1993 s.17(b), amended by Nos 22/1996
s. 27(b), 46/1998
s. 7(Sch. 1).
(4)The Secretary may waive the requirement in sub-section (3) if he or she considers that it is in the interests of Victoria that a person who does not satisfy the requirements should be appointed to an office in the teaching service.
S.5(5) inserted by No. 44/1993 s.17(b).
(5)A ministerial order may specify the qualifications or experience necessary for appointment to any office or class or grade of office.
S.5(6) inserted by No. 44/1993 s.17(b), amended by No. 46/1998
s. 7(Sch. 1).
s. 5
(6)A person may apply to a Merit Protection Board for a review of the Secretary's decision if the Secretary has refused to appoint the person to the teaching service on the grounds that he or she does not possess the qualifications or experience required by a ministerial order necessary for appointment to the teaching service.
S. 6
amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 12/1997 s.3, 46/1998 s.7(Sch. 1), repealed by No. 15/1999 s.10.
*****
S. 7
amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 96/1993 s.14(1), repealed by No. 15/1999 s.10.
*****
8.Appointment to be on probation
s. 8
S.8(1) amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(1)Except where the Secretary otherwise determines either generally or in a particular case every appointment to an office in the teaching service shall be on probation for such period (not exceeding twelve months) as the Secretary specifies whether generally or in any particular case or class of cases.
S.8(2) amended by No. 10029 s.8(1).
(2)A person appointed to the teaching service on probation shall remain a probationer until his appointment is confirmed or annulled in accordance with this section.
S.8(3) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(3)The Secretary may annul the appointment of a person at any time while he is a probationer.
S.8(4) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(4)At the expiration of the period of probation for which a probationer is appointed the Secretary shall either—
(a)confirm the appointment of the probationer;
(b)annul his appointment; or
(c)extend the probation for a further period (not exceeding twelve months).
S.8(5) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(5)Where the Secretary extends the probation for a further period he may confirm or annul the appointment at any time during that further period and if the appointment has not been confirmed or annulled before the expiration of that period the Secretary shall as soon as practicable confirm or annul the appointment.
S.8(6) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(6)Where any appointment is annulled the annulment shall take effect from such date as is determined by the Secretary.
S. 8A
inserted by No. 10029 s.8(3).
8A.Term of appointment
s. 8A
S.8A(1) amended by Nos 10065 s.10(b), 96/1993 s.7, 22/1996 s. 23.
(1)An appointment under this Division may be made for a specified term not exceeding five years.
(2)An appointment under this section may be renewed for successive terms not exceeding five years each.
(3)A person appointed for a term shall—
(a)upon that appointment become an officer of the teaching service; and
(b)upon the expiration of the term and unless the appointment is renewed under sub-section (2), or he is appointed to another office, become an unattached officer.
S.8B
inserted by No. 77/1990 s.3, substituted by No. 96/1993 s.5.
8B.Initial appointment of members of Principal Class
An appointment under this Division of a person to an office in the Principal Class must be made pursuant to a contract of employment under Division 2 of Part III.
Division 4—Temporary Employment
9.Register, selection and qualifications[1]
s. 9
S.9(1) amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), repealed by No. 96/1993 s.14(2), news.9(1) inserted by No. 15/1999 s.11.
(1)If, in the opinion of the Secretary the prompt dispatch of the work of any section renders temporary assistance necessary, and suitable temporary assistance cannot be made available by the transfer of officers or employees from within the teaching service, the Secretary may appoint a person for the work.
S.9(2) amended by Nos 10029 s.8(1), 73/1991 s.6(1)(b), 96/1993 s.14(3), 22/1996
s. 27(m), 46/1998
s. 7(Sch. 1), substituted by No. 15/1999 s.11.
(2)In the selection of a person under sub-section (1), the Secretary must have regard to the relative efficiency of any two or more applicants for the employment.
S. 9(2A) insertedby No.83/2003 s.9(2).
(2A)A person who has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence within the meaning of the Victorian Institute of Teaching Act 2001 is not eligible to be selected for appointment to the teaching service.
S. 9(2B) insertedby No.83/2003 s.9(2).
(2B)A person is not eligible to be selected for appointment to the teaching service unless the person is registered under the Victorian Institute of Teaching Act 2001.
S.9(3) amended by Nos 73/1991 s.6(1)(b), 96/1993 s.14(4), 46/1998
s. 7(Sch. 1).
(3)No person shall be selected by the Secretary under sub-section (2) unless his qualifications are evidenced by examination or otherwise.
S.9(4) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(4)Subject to sub-section (5) a person selected by the Secretary under sub-section (2) may be employed for any period not exceeding such period (being not more than one year) as is determined by the Secretary (whether generally or in any particular case or class of cases) and if necessary the employment of that person may with the consent of the Secretary be extended for a further period of not more than one year.
S.9(5) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(5)Sub-section (4) shall not apply to the employment of a person in the performance of work which the Secretary has certified to be work of a kind of which the Secretary could not ensure the performance if the employment of persons in a temporary capacity were not continued.
S.9(6) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
s. 9
(6)Notwithstanding anything in sub-section (4) the Secretary may authorize the employment of any person in any specified work until the completion thereof or in any work of an intermittent or casual character and may determine the remuneration payable to and the conditions of employment of such person.
S.9(7) amended by No. 22/1996
s. 27(l)(m).
(7)Every employee shall be deemed to be subject to the provisions of this Act and the regulations relating to absence from duty attendance of officers and the duties of officers so far as such provisions are applicable and to such regulations as are expressly applied to employees.
S.9(8) amended by Nos 73/1991 s.6(1)(b), 46/1998
s. 7(Sch. 1).
(8)The Secretary may at any time dismiss or remove any person employed under this section.
S. 9(9) amendedby No. 73/1991 s.6(1)(b), repealedby No. 10029 s.8(2), news.9(9) insertedby No.83/2003 s.9(3).
(9)The Secretary must dismiss or remove a person who is employed under this section if the person has, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence within the meaning of the Victorian Institute of Teaching Act 2001.
S. 9(10) amendedby No. 73/1991 s.6(1)(b), repealedby No. 10029 s.8(2), news.9(10) insertedby No.83/2003 s.9(3).
(10)If a person who is employed under this section is refused registration under the Victorian Institute of Teaching Act 2001 or has had his or her registration suspended or cancelled under that Act, the Secretary may suspend the person without pay for the period that the person's registration is refused, suspended or cancelled.
s. 9
S. 9(11) amendedby No. 73/1991 s.6(1)(b), repealedby No. 10029 s.8(2), news.9(11) insertedby No.83/2003 s.9(3).
(11) Without limiting sub-section (8), the Secretary may dismiss or remove a person employed under this section if the person has been refused registration under the Victorian Institute of Teaching Act 2001 or has had his or her registration suspended or cancelled under that Act.