education.vic.gov.au

Authority to impose employment limitations

The Secretary, as the employer of employees within the Department, has all the rights, powers, authorities and duties of any other employer and as such may decide who should be employed by the Department, subject to any relevant legal requirements and principles (for example, those contained in State or Federal anti-discrimination legislation). Similarly, a school council has a power to employ staff in accordance with section 2.3.8 of the ETR Act.

These general powers and duties are codified in the PA Act, the ETR Act and Orders made under that Act.

School based staff

Employees of the Teaching Service (principal, teacher and education support class) are employed under section 2.4 of the ETR Act. School Councils are discrete entities, and can employ employees under Part 2.3 of the ETR Act. Typically school councils employ casual relief teachers, teacher aides, grounds maintenance staff, gardeners and cleaners.

The ETR Act enables the Minister for Education to make Ministerial Orders to give effect to the Act including any matters relating to employment in the teaching service or by school councils. Ministerial Order 1038External Link contains the current provisions dealing with employment in the Teaching Service and Ministerial Order 1039External Link contains the current provisions dealing with employment by school councils.

Clauses 3.1.5 of both Orders provide that the Secretary may determine that a person’s eligibility for employment is subject to an employment limitation. The clauses also provide for the Secretary to establish criteria and procedures for imposing an employment limitation on a person, including the grounds for a review of an employment limitation.

This policy constitutes the criteria and procedures for imposing an employment limitation on a person referred to in the relevant Order.

Victorian Public Service staff

VPS employees are employed under section 20 of the PA Act. They include employees within the Allied Health Adaptive structure of the VPS, school nurses (including in the Maternal and Child Health Information Line) and VPS employees in central and regional offices.

Chapter of the Employment Limitation Policy explaining who has the authority to impose an employment limitation

Reviewed 09 June 2020

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