Bill strips rights on teacher discipline

The State Government offered no negotiation or consultation with Federation about amendments to the Teaching Services Act that seek to strip away the rights of teachers in relation to disciplinary matters.

Federation was notified on April 26 that the bill would enter Parliament on May 2.

Federation opposes the bill, which takes away procedural fairness safeguards which used to exist for teachers who were the subject of an allegation. Two procedural fairness rights which are taken away by this bill are:

• the right to impartial decision making; and
• the right to be heard.

1. provides the Director-General with the power to implement 'remedial action' without even hearing from the teacher. 'Remedial action' can be imposed on a teacher without any opportunity to provide a defence. Remedial action could include, for example, a warning, counselling or a transfer;

2. removes independent Prescribed Officers who used to impartially consider allegations against teachers. Sometimes the Prescribed Officers held hearings. Other times they considered written submissions from the Department of Education and Training (DET) and the teacher. Now the Director-General determines the outcome of allegations;

3. removes the right to a hearing with legal representation and the cross-examination of witnesses in relation to misconduct actions;

4. gives the Director-General the power to direct teachers to attend an interview and answer questions without any right to legal or union representation;

5. allows the Director-General to suspend teachers without pay, with no rights, while an investigation is underway. Such investigations can be dragged out by DET for two to three years;

6. provides that teachers who are declared prohibited employees under the Child Protection (Prohibited Employment) Act will be summarily dismissed with no required regard to procedural fairness.

Delays in dealing with child protection matters or any other allegation have not generally arisen from flawed procedures. Instead DET is often extremely slow to investigate and to progress matters.

Many of the proposed changes are inferior to current provisions for all other public sector employees, and would give the Director-General unprecedented power over teachers. This has the potential to have a serious impact on the day-to-day working lives of our members. The bill has passed through the Lower House and will enter the Upper House soon. Members are requested to lobby Upper House Members of Parliament about this matter.

©2000-2002 NSWTF Online is a resource for teachers
provided by the NSW Teachers Federation.
[Authorisation of election comment] [Privacy]

http://www.nswtf.org.au/journal_extras/striprights.html
Last Modified: 18 May 2006