New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 93D

93D Issuing of procedural guidelines

(1) The Secretary may, from time to time, issue guidelines for the purposes of:

(a) dealing with allegations of misconduct against officers as a disciplinary matter, and

(b) the taking of disciplinary action with respect to officers under this Part, including disciplinary action in relation to unsatisfactory performance, and

(c) any other matter referred to in this Part.

(2) The procedural guidelines must be consistent with the rules of procedural fairness.

(3) Without limiting subsection (2), the procedural guidelines are to ensure that:

(a) an officer to whom an allegation of misconduct relates:

(i) is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the officer, and

(ii) is given an opportunity to respond to the allegation, and

(b) an officer against whom the Secretary is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.

(4) The Secretary may from time to time amend, revoke or replace the procedural guidelines.

(5) The procedural guidelines as in force from time to time must be made publicly available in such manner as the Secretary thinks appropriate.

(6) The regulations under section 100 may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in those regulations, the regulations prevail.