New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 76

76 Retirement or transfer of officers through invalidity or incapacity

(1) Where the Secretary determines:

(a) that an officer of the Teaching Service is, because of invalidity or physical or mental incapacity, unable to perform the duties of his or her position,

(b) that the invalidity or incapacity is likely to be of a permanent character, and

(c) that the invalidity or incapacity has not arisen from actual misconduct on the officer's part or from causes within the officer's control,

the Secretary:

(d) may cause the officer to be retired from the Teaching Service, or

(e) with the consent of the officer, may transfer the officer:

(i) to some other position in the Teaching Service, or

(ii) to ongoing employment in the Public Service (with the approval of the head of the Public Service agency concerned),

with salary and other conditions of the officer's employment appropriate to that position or employment.

(2) A decision or determination of the Secretary under subsection (1) is not subject to appeal under Part 7 of Chapter 2 of the Industrial Relations Act 1996 .