New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 93J

93J Dealing with unsatisfactory performance--officers other than school principals

(1) This section applies to officers other than school principals.

(2) If the Secretary is of the opinion that an officer's performance is still unsatisfactory following the completion of a performance improvement program for the officer or following the officer's failure to participate in, or to satisfactorily complete, such a program, the Secretary may do either or both of the following:

(a) take remedial action with respect to the officer,

(b) take disciplinary action with respect to the officer.

(3) To avoid any doubt, remedial action with respect to an officer is not required to be taken before disciplinary action is taken under this section with respect to the officer.

(4) However, the Secretary may take disciplinary action with respect to an officer under this section only if:

(a) the officer has been placed on a performance improvement plan in accordance with the procedural guidelines and been given a reasonable opportunity to improve his or her performance, and

(b) the Secretary is of the opinion that the officer's performance is still unsatisfactory.