[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (TAFE SA Consequential
Provisions) Bill 2012
A BILL FOR
An Act to amend the TAFE
SA Act 2012; to amend certain provisions of the Technical
and Further Education Act 1975 and relocate them in the TAFE
SA Act 2012 and then to repeal the Technical
and Further Education Act 1975; and to amend the Aboriginal
Lands Trust Act 1966, the Education
Act 1972, the Public
Sector Act 2009, the SACE
Board of South Australia Act 1983 and the Training
and Skills Development Act 2008.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of TAFE SA
Act 2012
4Redesignation of Schedule 1
Part 3—Relocation
of certain provisions of Technical and Further Education
Act 1975
5Amendment, redesignation and
relocation
Part 4—Repeal of Technical and
Further Education Act 1975
6Repeal
Part 5—Amendment of Aboriginal Lands
Trust Act 1966
7Amendment of section 20A—Business
Advisory Panel
Part 6—Amendment of Education
Act 1972
8Amendment of section
5—Interpretation
9Amendment of section 29—Classification
review panels
10Amendment of section 45—Teachers Appeal
Board
11Amendment of section 53—Appeals in
respect of appointments to promotional level positions
12Amendment of
section 75D—Approved learning programs
Part 7—Amendment of Public Sector
Act 2009
13Amendment of section 25—Public Service
employees
Part 8—Amendment of SACE Board of
South Australia Act 1983
14Amendment of Schedule
1—Designated entities
Part 9—Amendment of Training and
Skills Development Act 2008
15Amendment of section
15—Staff
16Amendment of section 23—Delegation by
Training Advocate
17Amendment of section
24—Staff
Schedule 1—Amendments
of Technical and Further Education Act 1975
Schedule 2—Schedules as they will
appear in TAFE SA Act
Schedule 1—Employment of prescribed
employees
1Interpretation
2Application
3Basis of
employment
4Special
provisions relating to rate of remuneration for part-time
employees
5Termination of employment of employees on
probation
6Retrenchment
7Incapacity
8Appeal against termination, retrenchment, transfer or
retirement
9Long
service leave
10Taking of long service
leave
11Payment in
lieu of long service leave
12Interruption of
service
13Recognition of previous
employment
14Recognition of service as employee in future
employment
15Retiring
age
16Disciplinary
action
17Suspension
Schedule 2—Interpretation of other Acts
and instruments
1References
to officers of the teaching service
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (TAFE SA
Consequential Provisions) Act 2012.
This Act will come into operation immediately after the TAFE SA
Act 2012 comes into operation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of TAFE SA
Act 2012
Schedule 1—redesignate the Schedule as Schedule 3
Part 3—Relocation
of certain provisions of Technical and Further
Education Act 1975
5—Amendment,
redesignation and relocation
(1) The following provisions of the Technical
and Further Education Act 1975 (as amended by Schedule 1) are
relocated to the TAFE SA
Act 2012 and merged to form Schedule 1 of the TAFE SA
Act 2012:
section 4(2) and (3)
Part 3
section 39A
(2) The sections are redesignated as clauses of Schedule 1 of the
TAFE SA
Act 2012 as follows:
section 4(2) as clause 1(2)
section 4(3) as clause 1(3)
section 15 as clause 3
section 15A as clause 5
section 16 as clause 6
section 17 as clause 7
section 17A as clause 8
section 19 as clause 9
section 20 as clause 10
section 21 as clause 11
section 22 as clause 12
section 23 as clause 13
section 24 as clause 14
section 25 as clause 15
section 26 as clause 16
section 27 as clause 17
section 39A as clause 4
(3) The Schedule of the Technical
and Further Education Act 1975 (as amended by Schedule 1) is
relocated to the TAFE SA
Act 2012 and redesignated as Schedule 2.
Part 4—Repeal
of Technical and Further Education
Act 1975
Immediately following the amendment, relocation and redesignation of
provisions as referred to in
Part 3 and
Schedule 1, the
Technical
and Further Education Act 1975 is repealed.
Part 5—Amendment
of Aboriginal Lands Trust
Act 1966
7—Amendment
of section 20A—Business Advisory Panel
Section 20A(3)(c)—delete "Technical
and Further Education Act 1975" and substitute:
Training
and Skills Development Act 2008
Part 6—Amendment
of Education
Act 1972
8—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of adult
insert:
AEU means the Australian Education Union, South Australian
Branch;
(2) Section 5(1), definition of the Institute of
Teachers—delete the definition
9—Amendment
of section 29—Classification review panels
(1) Section 29—delete "Institute of Teachers" wherever
occurring and substitute in each case:
AEU
(2) Section 29(4)—delete "Institute" and substitute:
AEU
10—Amendment
of section 45—Teachers Appeal Board
(1) Section 45(2)(c)—delete "Institute of Teachers" and
substitute:
AEU
(2) Section 45(2)—delete paragraphs (d) and (e) and
substitute:
(d) the members of a panel of prescribed employees appointed by the
Governor on the nomination of TAFE SA; and
(e) the members of a panel of prescribed employees appointed by the
Governor on the nomination of the AEU made after elections have been held in
accordance with the regulations.
(3) Section 45(4)—delete "an officer of the teaching service
under the Further
Education Act 1976" and substitute:
a prescribed employee
(4) Section 45(4)(b)—delete "Director-General of Further
Education" and substitute:
chief executive of TAFE SA
(5) Section 45(6)—after the definition of member of the
Industrial Court insert:
prescribed employee means a prescribed employee within the
meaning of Schedule 1 of the
TAFE SA
Act 2012.
11—Amendment
of section 53—Appeals in respect of appointments to promotional level
positions
Section 53(3)(b)—delete "Institute of Teachers (one or more of
whom must be nominees of the Institute)" and substitute:
AEU (1 or more of whom must be nominees of the AEU)
12—Amendment
of section 75D—Approved learning programs
Section 75D(1)(a)(iii)—delete "a college (within the meaning of
the Technical
and Further Education Act 1975)" and substitute:
TAFE SA; or
Part 7—Amendment
of Public Sector
Act 2009
13—Amendment
of section 25—Public Service employees
Section 25(2)(l)—delete paragraph (l) and
substitute:
(l) an employee of the chief executive of TAFE SA under the TAFE SA
Act 2012;
Part 8—Amendment
of SACE Board of South Australia
Act 1983
14—Amendment
of Schedule 1—Designated entities
Schedule 1, clause 1(b)—delete paragraph (b) and
substitute:
(b) the chief executive of the administrative unit of the Public Service
that is, under a Minister, responsible for the administration of the Training
and Skills Development Act 2008;
(ba) TAFE SA;
Part 9—Amendment
of Training and Skills Development
Act 2008
15—Amendment
of section 15—Staff
(1) Section 15(1)(b)—delete paragraph (b)
(2) Section 15(2)(a)—delete paragraph (a) and
substitute:
(a) exclude Public Service employees who are members of the Commission's
staff from specified provisions of the Public
Sector Act 2009; and
16—Amendment
of section 23—Delegation by Training Advocate
Section 23(1)—delete ", or an officer or employee under the
Technical
and Further Education Act 1975,"
17—Amendment
of section 24—Staff
(1) Section 24(1)(b)—delete paragraph (b)
(2) Section 24(2)(a)—delete paragraph (a) and
substitute:
(a) exclude Public Service employees who are members of the Training
Advocate's staff from specified provisions of the Public
Sector Act 2009; and
Schedule 1—Amendments
of Technical and Further Education
Act 1975
Provision amended |
How amended |
---|---|
Section 4(2) |
Delete "this Act" wherever occurring and substitute in each case: this Schedule Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "officer's" wherever occurring and substitute in each
case: employee's Delete "employing authority" wherever occurring and substitute in each
case: chief executive Delete "any period" and substitute: a period |
Section 4(3) |
Delete "employing authority" and substitute: chief executive Delete "any specified officers, or officers of any" and
substitute a specified prescribed employee, or a prescribed employee Delete "this Act" and substitute: this Schedule |
Part 3 |
Delete the Part heading and substitute: Schedule 1—Employment of prescribed
employees 1—Interpretation In this Schedule— Appeal Board means the Teachers Appeal Board established
under the
Education
Act 1972; prescribed employee means an employee of the chief executive
of TAFE SA employed on an ongoing basis or term basis (that is, for a
specified term or for the duration of a specified project, but not on a weekly,
daily or hourly basis) as an employee of any of the following
classifications: (a) Lecturer; (b) Lecturer's Assistant; (c) Educational Manager; (d) a classification prescribed by the regulations; public sector employment has the same meaning as in the Public
Sector Act 2009. 2—Application The conditions of employment set out in this Schedule are subject to
relevant awards, determinations and enterprise agreements under the Fair
Work Act 1994. Delete the Division headings |
Heading to section 15 |
Note—The heading will be altered to read "Basis of
employment". |
Section 15(1) |
Delete subsection (1) |
Section 15(2) |
Delete subsection (2) and substitute: (2) A prescribed employee may be employed on a full-time or part-time
basis. Redesignate subsection (2) as subclause (1) |
Section 15(3) |
Delete "An appointment under this section may be made" and
substitute: A prescribed employee may be employed Redesignate subsection (3) as subclause (2) |
Section 15(4) |
Delete "employing authority" and substitute: chief executive Redesignate subsection (4) as subclause (3) |
Section 15(5) |
Delete "officer appointed" and substitute: prescribed employee employed Delete "appointment" and substitute: employment Delete "the provisions of this Act" and substitute: this Schedule Redesignate subsection (5) as subclause (4) |
Section 15(6) |
Delete subsection (6) |
Section 15(7) |
Delete subsection (7) |
Heading to section 15A |
Note—The heading will be altered to read "Termination of employment
of employees on probation". |
Section 15A(1) |
Delete "employing authority" and substitute: chief executive Delete "appointment of an officer" and substitute: employment of a prescribed employee Remove the designation of the subsection as subsection (1) |
Section 15A(2) |
Delete subsection (2) |
Heading to section 16 |
Note—The heading will be altered to read "Retrenchment". |
Section 16(1) |
Delete "Where" and substitute: If Delete "employing authority" wherever occurring and substitute in each
case: chief executive Delete "officers" wherever occurring and substitute in each case: prescribed employees Delete "an officer" and substitute: a prescribed employee Delete "that officer" and substitute: that employee |
Section 16(2) |
Delete "An officer" and substitute: A prescribed employee Delete "the provisions of this section" and substitute: this clause Delete "twelve" wherever occurring and substitute in each case: 12 Delete "where" and substitute: if |
Section 16(3) |
Delete subsection (3) |
Heading to section 17 |
Note—The heading will be altered to read "Incapacity". |
Section 17 |
Delete "Chief Executive Officer" wherever occurring and substitute in each
case: chief executive Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "the officer" wherever occurring and substitute in each
case: the employee Delete "employment in the Government of the State" wherever occurring and
substitute in each case: public sector employment |
Section 17(1) |
Delete "the office occupied by" |
Section 17(1)(a) |
Delete "office established under section 15" and substitute: position as a prescribed employee |
Section 17(1)(d) |
Delete paragraph (d) and substitute: (d) retire the employee. |
Section 17(2) |
Delete "or recommending the transfer of" Delete "an office or position" wherever occurring and substitute in each
case: a position Delete ", or recommending that an officer be retired" |
Section 17(3) |
Delete "Where" and substitute: If Delete "an office" and substitute: a position Delete "pursuant to subsection (1)(a)" and substitute: under subclause (1)(a) |
Section 17(4) |
Delete "subsection (1)(b)" and substitute: subclause (1)(b) Delete "recommend to the employing authority that the officer be appointed
to an office or position under section 39AAB" and substitute: transfer the employee to employment by the chief executive other than as a
prescribed employee |
Section 17(5) |
Delete subsection (5) |
Section 17A(1) |
Delete "An officer" and substitute: A prescribed employee Delete "Division" and substitute: Schedule Delete "officer's" and substitute: employee's Delete "the officer" and substitute: the employee |
Section 17A(2) |
Delete "section" and substitute: clause Delete "where" and substitute: if Delete "the officer" and substitute: the employee Delete "an officer" and substitute: an employee |
Section 19(1) |
Delete "An officer's" and substitute: A prescribed employee's Delete "the officer" wherever occurring and substitute: the employee |
Section 19(2) |
Delete "Where" and substitute: If Delete "an officer" and substitute: a prescribed employee Delete "officer's" and substitute: employee's |
Section 19(4) |
Delete "Division" and substitute: Schedule |
Section 20 |
Delete "section" wherever occurring and substitute in each case: clause Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "Chief Executive Officer" wherever occurring and substitute in each
case: chief executive |
Section 20(4) |
Delete "the Department" and substitute: TAFE SA |
Section 20(5) |
Delete "where" wherever occurring and substitute in each case: if |
Section 20(5)(a) |
Delete "officer's" and substitute: employee's Delete "the officer" and substitute: the employee |
Section 20(6) |
Delete "An officer" and substitute: A prescribed employee Delete "officer's" and substitute: employee's |
Section 20(7) |
Delete "Where" and substitute: If Delete "the officer" and substitute: the employee |
Section 21 |
Delete "Where" wherever occurring and substitute in each case: If Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "officer's" wherever occurring and substitute in each
case: employee's Delete "employing authority" wherever occurring and substitute in each
case: chief executive |
Section 21(4) |
Delete "section" and substitute: clause Delete "the officer" and substitute: the employee |
Section 22 |
Delete "Where" wherever occurring and substitute in each case: If Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "Division" wherever occurring and substitute in each case: Schedule Delete "employing authority" wherever occurring and substitute in each
case: chief executive Delete "section" wherever occurring and substitute in each case: clause |
Section 22(3) |
Delete "subsection (2)" and substitute: subclause (2) |
Section 22(4) |
Delete "officer's" and substitute: employee's |
Section 23 |
Delete "Where" wherever occurring and substitute in each case: If Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "section" wherever occurring and substitute in each case: clause |
Section 23(1) |
Delete "appointed" and substitute: employed Delete "this Act" and substitute: this Schedule |
Section 23(2), definition of prescribed employment,
(c) |
Delete paragraph (c) and substitute: (c) other public sector employment; and |
Section 23(3) |
Delete "officer's" and substitute: employee's |
Section 23(5) |
Delete "employing authority" and substitute: chief executive |
Heading to section 24 |
Note—The heading will be altered to read "Recognition of service as
employee in future employment". |
Section 24 |
Delete "Where" wherever occurring and substitute in each case: If Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee |
Section 24(1) |
Delete "employment in the Government of the State" and
substitute: public sector employment Delete "this section" and substitute: this clause Delete "section 23" and substitute: clause 12 Delete "this Act" and substitute: this Schedule |
Section 25(1) |
Delete "An officer" and substitute: A prescribed employee Remove the designation of the subclause as subclause (1) |
Section 26 |
Delete "an officer" wherever occurring and substitute in each
case: a prescribed employee Delete "the officer" wherever occurring and substitute in each
case: the employee Delete "that officer" wherever occurring and substitute in each
case: that employee Delete "section" wherever occurring and substitute in each case: clause |
Section 26(1) |
Delete "any provision of" Delete "any lawful direction" and substitute: a lawful direction |
Section 26(2) to (5) |
Delete subsections (2) to (5) (inclusive) and
substitute: (2) If the chief executive finds that there is sufficient cause for
disciplinary action under this clause, he or she may by written
determination— (a) reprimand the employee; or (b) impose a fine on the employee not exceeding the amount of
1 week's salary of the employee; or (c) reduce the classification of the employee; or (d) suspend the employee from duty; or (e) dismiss the employee. (3) A prescribed employee may, within 14 days after he or she
receives notice of a determination under this section, appeal to the Appeal
Board against the determination. (4) The Appeal Board may, on the hearing of an appeal under this section,
vary or revoke the determination subject to appeal, and, if the determination
has taken effect, order that the prescribed employee be re-instated as an
employee as if no such determination had been made. |
Section 26(6) |
Delete "Any" and substitute "A" Redesignate subsection (6) as subclause (5) |
Section 27 |
Delete "Where" wherever occurring and substitute in each case: If Delete "the officer" wherever occurring and substitute in each
case: the employee |
Section 27(1) |
Delete "Chief Executive Officer" wherever occurring and
substitute: chief executive Delete "any matter" and substitute: a matter Delete "an officer" and substitute: a prescribed employee |
Section 27(2) |
Delete "subsection (1)" and substitute: subclause (1) |
Section 27(3) |
Delete "employing authority" and substitute: chief executive Delete "section" and substitute: clause |
Section 27(4) |
Delete "subsection (3)" wherever occurring and substitute in each
case: subclause (3) Delete "officer" wherever occurring and substitute in each case: employee |
Heading to section 39A |
Note—The heading will be altered to read "Special provisions relating
to rate of remuneration for part-time employees". |
Section 39A |
Delete "an officer" wherever occurring and substitute: a prescribed employee Delete "the officer" wherever occurring and substitute in each
case: the employee Delete "the commencement of this section" wherever occurring and substitute
in each case: 1 July 1992 |
Section 39A(1) |
Delete "Where" and substitute: If Delete "any" first occurring and substitute: a After "full-time basis)" insert: , |
Section 39A(2) |
Delete "subsection (3), subsection (1)" and substitute: subclause (3), subclause (1) |
Section 39A(2)(a) |
Delete "notwithstanding" and substitute: despite Delete "any contract of employment, award or industrial agreement" and
substitute: a contract of employment, award or enterprise agreement |
Section 39A(2)(b) |
Delete "industrial agreement" and substitute: enterprise agreement |
Section 39A(2)(d) |
Delete "any" and substitute: a |
Section 39A(3) |
Delete "any" and substitute: an Delete "that commencement" and substitute: that date |
Schedule |
Delete "an officer of the teaching service under this Act will be construed
as a reference to an officer" and substitute: an officer, or an officer of the teaching service, under the Technical
and Further Education Act 1975 is to be construed as a reference to
a prescribed employee within the meaning of Schedule 1. |
Schedule 2—Schedules
as they will appear in TAFE SA Act
For information purposes, the following Schedules show the provisions of
the Technical
and Further Education Act 1975 as they will appear in the TAFE SA
Act 2012 following their amendment, relocation and
redesignation.
Schedule 1—Employment of prescribed
employees
1—Interpretation
(1) In this Schedule—
Appeal Board means the Teachers Appeal Board established
under the
Education
Act 1972;
prescribed employee means an employee of the chief executive
of TAFE SA employed on an ongoing basis or term basis (that is, for a
specified term or for the duration of a specified project, but not on a weekly,
daily or hourly basis) as an employee of any of the following
classifications:
(a) Lecturer;
(b) Lecturer's Assistant;
(c) Educational Manager;
(d) a classification prescribed by the regulations;
public sector employment has the same meaning as in the Public
Sector Act 2009.
(2) A reference in this Schedule to the effective service of a prescribed
employee is a reference to—
(a) the period (if any) of the employee's continuous service as a
prescribed employee; and
(b) any other period (if any) that is, by determination of the chief
executive, to be regarded as forming the whole, or part, of the employee's
effective service,
but does not include a period that is, by determination of the chief
executive, not to be regarded as a period of effective service for the purposes
of this Schedule.
(3) The chief executive may, by instrument in writing, determine in
relation to a specified prescribed employee or a prescribed employee of a
specified class, that a period referred to in the instrument is, or is not, to
be regarded as a period of effective service for the purposes of this
Schedule.
2—Application
The conditions of employment set out in this Schedule are subject to
relevant awards, determinations and enterprise agreements under the Fair
Work Act 1994.
3—Basis of employment
(1) A prescribed employee may be employed on a full-time or part-time
basis.
(2) A prescribed employee may be employed on probation.
(3) The probation will be for such period of effective service (not
exceeding 2 years' effective service) as may be determined by the chief
executive.
(4) No prescribed employee employed on a permanent basis may be dismissed,
retrenched or retired, or have his or her appointment otherwise terminated,
except in accordance with this Schedule.
4—Special provisions relating to rate of
remuneration for part-time employees
(1) If a prescribed
employee is employed on a part-time basis (that is to say, on the basis that he
or she will work in a pay period a specified percentage of the time ordinarily
expected of a prescribed employee employed on a full-time basis), the rate of
remuneration applicable to the employee (including any allowances that may be
payable) is that same percentage applied to the rate of remuneration that would
apply if he or she were employed on a full-time basis.
(2) Subject to
subclause (3),
subclause (1)—
(a) applies in relation to salary, despite any Act or law (including the
provisions of a contract of employment, award or enterprise agreement) to the
contrary; and
(b) applies in relation to an allowance, subject to any express provision
of a contract of employment, award or enterprise agreement that provides for
payment of the full amount of the allowance to the employee; and
(c) applies regardless of the number of working days, and the period of
time in any 1 day, over which the employee performs the required amount of
work in a pay period; and
(d) applies in relation to a past or present entitlement to remuneration,
whether it arose before or arises after 1 July 1992.
(3) Nothing in this
clause affects the payment in full of any allowance to a prescribed employee
employed on a part-time basis if—
(a) the payment was made before 1 July 1992; or
(b) the payment is made after 1 July 1992 in respect of an
allowance that was being paid in full immediately prior to that date.
5—Termination of employment of employees on
probation
The chief executive may by written determination at any time terminate the
employment of a prescribed employee who is on probation.
6—Retrenchment
(1) If the chief executive is satisfied that—
(a) the volume of work for prescribed employees in a section has
diminished; and
(b) in consequence a reduction in the number of prescribed employees has
become necessary in the interest of economy; and
(c) a prescribed employee should be retrenched for that purpose,
the chief executive may, by written determination, retrench that employee
as from a date specified in the determination.
(2) A prescribed employee who is retrenched under this clause is entitled
to receive—
(a) at least 12 weeks' notice in writing prior to the date of
retrenchment; or
(b) if the notice is less than 12 weeks, a sum equal to his or her
salary for the period by which the notice falls short of
12 weeks.
7—Incapacity
(1) If the chief
executive is satisfied that a prescribed employee is, by reason of mental or
physical illness or disability, incapable of performing satisfactorily the
duties of the employee, the chief executive may do 1 or more of the
following:
(a) by written
determination, transfer the employee to some other position as a prescribed
employee;
(b) determine to
take steps to transfer the employee to some other public sector
employment;
(c) grant the employee leave of absence (without remuneration);
(2) The chief executive must, before transferring a prescribed employee to
a position of reduced status, be satisfied that transfer of the employee to a
position of equivalent status is not reasonably practicable in the
circumstances.
(3) If a prescribed employee is transferred to a position of reduced
status under
subclause (1)(a),
the chief executive must alter the classification of the employee
accordingly.
(4) The chief executive may, in acting under
subclause (1)(b),
transfer the employee to employment by the chief executive other than as a
prescribed employee or attempt to secure for the employee some other appropriate
public sector employment.
8—Appeal against termination, retrenchment,
transfer or retirement
(1) A prescribed employee may, within 14 days after receiving notice
of a determination or decision under this Schedule to terminate the employee's
appointment or retrench, transfer or retire the employee, appeal to the Appeal
Board against the determination or decision.
(2) On the hearing of an appeal under this clause, the Appeal Board may
revoke the determination or decision and, if effect has been given to the
determination or decision, order that the employee be reinstated as an employee
as if no such determination or decision had been made.
9—Long service leave
(1) A prescribed employee's entitlement to long service leave accrues as
follows:
(a) the employee is entitled to 63 days' leave in respect of the
first 7 years of effective service;
(b) the employee is then entitled to 0.75 of a day's leave for
each subsequent complete month of effective service.
(2) If long service leave is taken by a prescribed employee, the
employee's entitlement to long service leave is reduced accordingly.
(3) Every day from the commencement to the conclusion of a period of long
service leave (whether a working day or not) will be counted as a day of that
leave.
(4) This Schedule—
(a) does not affect an entitlement to long service leave or payment
in lieu of long service leave that accrued before the commencement of the
Technical
and Further Education Act Amendment Act 1987; and
(b) does not prejudice an entitlement to pro rata long service leave
arising after 5 years' effective service that would have come into
existence if the Technical
and Further Education Act Amendment Act 1987 had not been
enacted.
10—Taking of long service
leave
(1) Subject to this clause, a prescribed employee who has completed at
least 10 years' effective service is entitled to take long service
leave.
(2) The chief executive may permit a prescribed employee who has completed
at least 7 years' effective service to take long service leave.
(3) Long service leave may only be taken in respect of completed years of
effective service.
(4) Long service leave may only be taken at times and for periods that
are, in the opinion of the chief executive, convenient to
TAFE SA.
(5) Subject to this clause, the salary to which a prescribed employee is
entitled during long service leave is—
(a) if the effective service of a prescribed employee consists of
full-time service—the salary applicable to the employee's substantive
classification level during that leave (excluding any additional salary
attributable to a higher classification level temporarily assigned to the
employee);
(b) if the effective service of a prescribed employee consists in whole or
in part of part-time service—a salary determined by the chief
executive.
(6) A prescribed employee may elect to take long service leave on half
salary and, in that event, may take 2 days' leave for each whole day of the
employee's entitlement.
(7) If the effective service of a prescribed employee consists in whole or
in part of part-time service, the employee may elect to take long service leave
on the salary applicable to full-time service and, in that event, the period of
the long service leave will be reduced accordingly.
(8) The chief executive may authorise payment to a prescribed employee on
long service leave of such additional salary or allowances as the chief
executive considers appropriate.
11—Payment in lieu of long service
leave
(1) If a person ceases to be a prescribed employee after not less than
7 years' effective service, the person is entitled to payment of the
monetary equivalent of the employee's long service leave entitlement as at the
date of cessation of service.
(2) If a prescribed employee dies, the chief executive must ensure that
there is paid to—
(a) the employee's personal representative; or
(b) such of the employee's dependants as the chief executive, with the
approval of the Minister, considers appropriate,
the monetary equivalent of the employee's long service leave entitlement as
at the date of death.
(3) In determining the monetary equivalent of a long service leave
entitlement no allowance will be made for an increase in salary that may or
would have been made if the employee's service had not ceased.
(4) The chief executive may apply any amount payable to or in respect of a
prescribed employee under this clause in satisfaction of a claim against the
employee.
12—Interruption of service
(1) If a person is re-employed as a prescribed employee—
(a) at any time after his or her service as a prescribed employee was
interrupted by retirement on the ground of incapacity; or
(b) within 2 years after his or her service as a prescribed employee
was interrupted otherwise than by resignation, dismissal for misconduct or
retirement on the ground of incapacity,
the person's effective service before the interruption and his or her
effective service after the interruption will, for the purposes of this
Schedule, be taken into account as if the service were continuous.
(2) If a person is
re-employed as a prescribed employee more than 2 years after his or her
service as a prescribed employee was interrupted otherwise than by resignation,
dismissal for misconduct or retirement on the ground of incapacity, the chief
executive may grant a certificate under this clause.
(3) If the chief executive grants a certificate under
subclause (2),
the person's effective service before the interruption and his or her effective
service after the interruption will, for the purposes of this Schedule, be taken
into account as if the service were continuous.
(4) If long service leave has been granted, or payment has been made in
lieu of long service leave, in respect of a period of effective service that is
required by this clause to be taken into account as if it were continuous with
subsequent service, the employee's entitlement to long service leave in respect
of the total period of his or her effective service will be taken to have
reduced accordingly.
13—Recognition of previous
employment
(1) If a prescribed employee was in prescribed employment prior to being
employed as a prescribed employee and there is continuity of service between
that prescribed employment and his or her effective service as a prescribed
employee, the long service leave to which he or she is entitled under this
Schedule must, subject to this clause, be determined on the basis that the
period of his or her service that would have been taken into account for the
purpose of determining his or her entitlement to long service leave in respect
of the prescribed employment, as at the cessation of that employment, was
effective service as a prescribed employee.
(2) In this clause—
prescribed employment means—
(a) employment in the Public Service of the Commonwealth; and
(b) employment in the Public Service of this State; and
(c) other public sector employment; and
(d) employment in the Public Service of another State or a Territory of
the Commonwealth; and
(e) employment by a University established in this State; and
(f) any other employment approved by the Minister.
(3) If long service leave has been granted, or payment has been made
in lieu of long service leave, in respect of a period of service in
prescribed employment required by this clause to be regarded as effective
service as a prescribed employee, the employee's entitlement to long service
leave in respect of the total period of his or her effective service will be
taken to have reduced accordingly.
(4) For the purposes of this clause, continuity of service is not
interrupted by an interval, not exceeding 3 months, between the cessation
of prescribed employment and the commencement of employment as a prescribed
employee.
(5) If there is an interval of more than 3 months between the
cessation of prescribed employment and the commencement of employment as a
prescribed employee, the chief executive may, if he or she thinks that special
reasons exist for so doing, declare that the interval does not disrupt the
continuity of service for the purposes of this clause, and such a declaration
has effect according to its terms.
14—Recognition of service as employee in future
employment
(1) If a prescribed employee is transferred to other public sector
employment and his or her service in that employment is continuous with his or
her effective service as a prescribed employee, the long service leave to which
he or she is entitled in respect of that other employment must, subject to this
clause, be determined on the basis that—
(a) his or her effective service as a prescribed employee; and
(b) any service required under
clause 13 to be
regarded as effective service as a prescribed employee in determining his or her
long service leave entitlement under this Schedule,
was service in that other employment.
(2) If long service leave has been granted, or payment has been made
in lieu of long service leave, in respect of a period of effective service
as a prescribed employee (or a period required to be regarded as effective
service as a prescribed employee), the person's entitlement to long service
leave in respect of the total period of his or her service will be taken to have
reduced accordingly.
15—Retiring age
A prescribed employee may retire on or after the day on which he or she
reaches the age of 55 years.
16—Disciplinary action
(1) If a prescribed employee—
(a) contravenes or fails to comply with this Act; or
(b) contravenes or fails to comply with a lawful direction given to the
employee under this Act; or
(c) is negligent, inefficient or incompetent in the discharge of his or
her duties; or
(d) is absent from duty without proper cause; or
(e) is guilty of any disgraceful or improper conduct,
there is sufficient cause for disciplinary action against that
employee.
(2) If the chief executive finds that there is sufficient cause for
disciplinary action under this clause, he or she may by written
determination—
(a) reprimand the employee; or
(b) impose a fine on the employee not exceeding the amount of
1 week's salary of the employee; or
(c) reduce the classification of the employee; or
(d) suspend the employee from duty; or
(e) dismiss the employee.
(3) A prescribed employee may, within 14 days after he or she
receives notice of a determination under this section, appeal to the Appeal
Board against the determination.
(4) The Appeal Board may, on the hearing of an appeal under this section,
vary or revoke the determination subject to appeal, and, if the determination
has taken effect, order that the prescribed employee be reinstated as an
employee as if no such determination had been made.
(5) A fine imposed on a prescribed employee under this clause may be
deducted from the salary or other remuneration payable to that
employee.
17—Suspension
(1) If, in the
opinion of the chief executive, the nature or circumstances of a matter alleged
against a prescribed employee is such that the employee should not continue in
the performance of his or her duties, the chief executive may suspend the
employee.
(2) A suspension under
subclause (1)
may be given whether or not the employee has been charged with an
offence.
(3) Unless the
chief executive otherwise determines, a person suspended under this clause is
entitled to his or her salary in respect of the period of suspension.
(4) If a direction has been given under
subclause (3),
and the guilt of the suspended employee of the matter alleged against that
employee is not established by due process of law, he or she is entitled to
receive the salary to which he or she would have been entitled if there had been
no direction under
subclause (3).
Schedule 2—Interpretation of other Acts and
instruments
1—References to officers of the teaching
service
A reference in an Act or in any other instrument (whether the instrument is
of a legislative character or not) to an officer, or an officer of the teaching
service, under the Technical
and Further Education Act 1975 is to be construed as a reference to
a prescribed employee within the meaning of Schedule 1.