Federation has successfully overturned a decision by the Department of Education that has led to members having certainty over their rights to access Transferred Officers Compensation when transferring under Section 51A.
Under Section 51A of the Teaching Service Act 1980, a teacher can be transferred at the discretion of the Secretary. It is typically used when compassionate grounds are established.
The Department of Education covers a range of relocation expenses if the teacher meets the criteria set out in the Determination and if they leave their existing residence and move to a new one.
A member was initially denied access to the provisions of the Determination on the grounds of the service history of their current position. However, the 51A transfer recipient had been employed in the workplace in a different position for an extended period of time that more than met eligibility requirements.
Federation asserted that for eligibility of Transferred Officer’s Compensation, all service in a workplace should be accumulated to determine eligibility, not, as was the position of the Department, service in the current role. In fact, service in different schools can even be combined where it is in the same area.
Federation Industrial Officer Anna Uren stated this was a significant outcome. “It effectively changes the position of the Department and will potentially have a positive impact on other members. It should include some members who gained a position through merit selection, who were previously excluded,” she said.
“Teachers who are required to transfer under Section 51A should have the comfort of knowing that, where eligible, they will be adequately compensated regardless of the role they have held in their individual workplace.”
For general advice on transfers, including information applicable to related expenses, subsidies and eligibility, Federation has developed an information leaflet, Transfer and transfer expenses.
The leaflet is downloadable from the Members’ area of Federation’s website at www.nswtf.org.au/members/information-leaflets.
Members seeking more detailed individual advice and assistance specific to their circumstance, including advice in relation to transfers under Section 51A are encouraged to contact Federation’s Professional Support section or their Organiser.
Federation’s Professional Support section is open Monday to Friday from 8.30am until 5pm.