New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 73

73 Excessive salaries

(1) Where the Secretary is satisfied that an officer of the Teaching Service is in receipt of a greater salary than the maximum fairly appropriate to the work performed by the officer:

(a) subject to paragraph (b), the Secretary shall take such steps as are practicable to assign the officer work of a class appropriate to the salary, and

(b) if the officer cannot be assigned sufficient work of the kind referred to in paragraph (a) or is unfitted for or incapable of performing work appropriate to the salary, the Secretary:

(i) shall reduce the salary to the maximum determined by the Secretary to be appropriate to the work performed by the officer, and

(ii) may take such steps as are practicable to secure the officer's transfer, to a vacant position in the Teaching Service, at that salary.

(2) If a reduction of salary of an officer under this section is certified by the Secretary to have been made on the ground only that appropriate work or an appropriate position is not available, the officer:

(a) remains eligible for promotion as if the salary had not been reduced, and

(b) is entitled to employment on the class of work to which the previous salary was appropriate, or transfer to a position to which that class of work is attached, as soon as the appropriate work or an appropriate position becomes available, in preference to any other officer whose salary has not been reduced.