Part 1 Preliminary
1 Name of Regulation
This Regulation is the Education (School Administrative and Support Staff) Regulation 2003.
2 Commencement
This Regulation commences on 1 September 2003.Note—This Regulation replaces the Education (School Administrative and Support Staff) Regulation 1998 which is repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
In this Regulation:the Act means the Education (School Administrative and Support Staff) Act 1987.
4 Notes
Notes in the text of this Regulation do not form part of this Regulation.
Part 2
5–7 (Repealed)
pt 2 (cll 5–7): Rep 2006 No 24, Sch 3.1 [1].
Part 3 Miscellaneous
8 Health assessments
(1) For the purposes of section 10 of the Act, a person satisfies a medical assessment of the person’s health if the person is found to be fit to carry out the duties of the position after a health assessment under this clause.(2) Fitness to carry out duties includes the ability to carry out those duties without endangering the health and safety of the public, of other persons employed within the Department and of the person concerned.(3) The health assessment is to be in the form considered necessary by the Director-General.(4) That form may include (but is not limited to) any one or more of the following:(a) a declaration (which may be a statutory declaration if required) provided by the person concerning any illness, disability or condition of which the person is aware that might make the person unfit to carry out the duties of the position,(b) a medical examination by a medical practitioner approved by the Director-General,(c) an examination by a medical practitioner, an optometrist or other appropriately qualified health care professional, approved by the Director-General, of a particular aspect of the person’s health likely to detrimentally affect the person’s capacity to carry out the duties of the position.(5) The Director-General is to give the health care professional providing an assessment referred to in subclause (4) (c) any requested information about the duties of the position concerned that is reasonably required for the purpose of providing the assessment.
9 (Repealed)
cl 9: Rep 2006 No 24, Sch 3.1 [2].
9A Transitional provisions—existing disciplinary charges and monitoring procedures
(1) The purpose of this clause is to make further provision consequent on the enactment of the Education Legislation Amendment (Staff) Act 2006 (the amending Act).(2) Existing disciplinary charges For the avoidance of doubt, any regulation made for the purposes of Part 6 of the Act (as in force immediately before the substitution of that Part by the amending Act) continues to apply to a breach of discipline to which clause 4 of Schedule 1 to the Act applies.(3) Existing monitoring procedures Anything done (or in the process of being done) for the purposes of dealing with a breach of discipline to which clause 5 of Schedule 1 to the Act applies is taken to have been done (or in the process of being done) for the purposes of dealing with the breach of discipline as if it were an allegation of misconduct made under Part 6 of the Act (as substituted by the amending Act) in respect of which the Director-General decides to take remedial action.cl 9A: Ins 2006 (422), Sch 1.
10 Savings
Any act, matter or thing that, immediately before the repeal of the Education (School Administrative and Support Staff) Regulation 1998, had effect under that Regulation continues to have effect under this Regulation.