Page 1200 - Week 07 - Tuesday, 22 August 1989
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Mr Whalan: The following information is provided in response to Mr Moore's question:
(1) There have been no changes to procedures since the middle of 1988 when joint selection committees were introduced in line with changes in other areas of Commonwealth employment and following amendment of the then Commonwealth Teaching Service Act 1972. A working party is currently reviewing these procedures, but its report has not yet been presented.
The 1988 amendments to the then Commonwealth Teaching Service Act did not alter the power to make compulsory transfers but created some doubt about appropriate procedures under section 28(1). This was discussed with the ACT Teachers Federation and both the chief education officer and the Federation obtained legal advice that it would be appropriate to further amend the Act to clarify the situation. Such a proposed amendment to the Teaching Service Act is being prepared for consideration by the Legislative Assembly.
(2) The current procedures provide for promotion or transfer to level 2, 3 and 4 positions on merit. However, there are occasions when officers who have no substantive position need to be placed. Such officers are only placed in positions for which they are considered suitable. It is sometimes necessary to place these officers ahead of others in the merit ranking, but this is normal, accepted practice in a career service.
(3) For some years now, school boards have been directly involved in the selection of school principals by having a nominee on the selection panel for each position and by compiling two of the six selection criteria. However, this is an agreed procedure, and not a right that exists under the Schools Authority Act 1976.
(4) Recommendations of selection committees to the delegates are made purely on merit, but, as outlined in (2) above, there are times when officers on compulsory transfer have to be placed.
For non-principal positions, the principal of the receiving school is a member of the selection committee. He or she will have the needs of the school in mind, but there is no legal provision for decisions of school boards to be considered by a selection committee. Indeed, section 33(5) of the Commonwealth Teaching Service Amendment Act 1987 states:
A member of a Joint Selection Committee, while acting as such, is not subject to direction by any other person or by any body or authority other than a court.
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