Private Schools Conditional Integration Act 1975

Part 9 Transitional provisions

71 Appointment of teachers on integration

(1)

Where, in accordance with sections 7 and 8, an integration agreement is executed in respect of any private school,—

(a)

the contract of service as a teacher at that school of every teacher at that school shall be deemed to have been determined from the effective date of integration; and

(b)

every such teacher as aforesaid shall, if he so wishes, be deemed to be in the employment of the controlling authority of the integrated school until he has been formally appointed to a teaching position in accordance with subsection (4), and the provisions of subsection (6) shall apply accordingly from the effective date of integration:

(c)

each teaching position at that school shall, within 60 days after the effective date of integration, be advertised as required by the Education Act 1964 and regulations made under that Act (if any).

(2)

Every such advertisement shall state that the teacher appointed to the position as at the effective date of integration shall, if he so wishes, have an absolute right of appointment to that position irrespective of the qualifications of any other applicant.

(3)

The teacher previously appointed to the position advertised pursuant to subsection (1) shall, if he wishes to continue in that appointment, apply in the manner prescribed by the Education Act 1964 and regulations made under that Act (if any) for appointment to that position.

(4)

A teacher who so applies shall be appointed to the position.

(5)

A teacher who does not so apply shall be deemed to have relinquished the position.

(6)

A teacher who is appointed to a teaching position pursuant to subsection (4) shall, notwithstanding the provisions of the Education Act 1964 and any regulations made under that Act, be paid out of money appropriated by Parliament for the purpose the same salary that a teacher with comparable service and qualifications would be paid for a comparable teaching position in a State school:

provided that the teacher shall continue to be paid no less than the same salary, and to be accorded the same status, as he received or was accorded on the day before the effective date of integration.

(7)

[Repealed]

Section 71(1)(c): amended, on 1 October 1989, by section 141 of the Education Act 1989 (1989 No 80).

Section 71(3): amended, on 1 October 1989, by section 141 of the Education Act 1989 (1989 No 80).

Section 71(7): repealed, on 19 December 1998, by section 18(2)(a) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).