New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 51A

51A Transfer of officers within the Teaching Service

(cf ss 86A and 87 PSEM Act 2002)

(1) The Secretary may, subject to this section, transfer an officer of the Teaching Service to another position within the Teaching Service.

(2) A transfer of an officer under this section may be temporary or, following consultation with the officer, permanent.

(3) An officer may request a transfer under this section, but is not entitled to be transferred at his or her request.

(4) The Secretary may transfer an officer under this section without a request or the consent of the officer.

(5) An officer may be transferred under this section to any different workplace location in the State.

(6) The Secretary is not required to transfer an officer to another workplace location (whether or not under this section) if the Secretary considers that there is no reasonable prospect of ongoing work for the officer at the other location.

(7) A transfer under this section is to be made at the officer's existing level of salary. However--

(a) a transfer may be made at a level of salary that is higher or lower than the existing level of salary if the percentage variation is within the range determined by the Secretary as a minor variation, or

(b) a transfer may be made at any lower level of salary with the consent of the officer.

(8) An officer transferred under this section must possess the qualifications required for the position to which the officer is transferred.

(9) A permanent appointment may be made to the original position of an officer temporarily transferred under this section--

(a) if the officer consents, or

(b) if the transfer has continued or is likely to continue for more than 12 months, the officer is advised of the proposed appointment and the officer is given a reasonable opportunity to terminate the transfer and return to his or her original position.

(10) Nothing in this section (apart from subsection (6))--

(a) affects any other method (statutory or otherwise) by which officers can transfer or be transferred, or

(b) affects a direction under the procedural guidelines issued under section 93D that an officer undertake alternative duties at any location.