South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) - SECT 113

113—Entitlement of persons transferred to the teaching service

        (1)         If an officer of the teaching service has previously been in prescribed employment and their service in the prescribed employment is continuous with their service as an officer, the long service leave to which the officer is entitled under this Division will be determined on the basis that their service in the prescribed employment is service in the teaching service.

        (2)         However, subsection (1)

does not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service.

        (3)         For the purposes of this section, continuity of service is not interrupted by an interval, not exceeding 3 months, between the time that service in the prescribed employment terminated and the time the officer commenced employment in the teaching service.

        (4)         In determining the period of an interval for the purposes of subsection (3)

, any period that falls within a period of Government school vacation is to be disregarded.

        (5)         If there is an interval of more than 3 months between the time that service in the prescribed employment terminated and the commencement of employment in the teaching service, the Chief Executive may, if they are of the opinion that special reasons exist for doing so, declare that that interval will be taken not to disrupt the continuity of service, and the declaration will have effect according to its terms.

        (6)         This section does not apply to an officer of the teaching service to whom section 111

applies.

        (7)         In this section—

"prescribed employment" means—

            (a)         employment in the Public Service of the Commonwealth; or

            (b)         employment in the Public Service of this State; or

            (c)         employment in the public sector of this State other than in the Public Service; or

            (d)         employment in the Public Service of any other State or Territory of the Commonwealth; or

            (e)         employment by a university; or

            (f)         employment by a college (within the meaning of the Technical and Further Education Act 1975

); or

            (g)         any other employment approved by the Minister.

Division 5—Disciplinary action and management of unsatisfactory performance