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should it occur before the age of retirement from the public service, or if he survive till that age of a sum of money or annuity at the date of such retirement.
(3) Every insurance effected pursuant to this section or the corresponding section of any repealed Act affecting teachers shall be continued and the amount thereof fixed from time to time in accordance with regulations in that behalf made by the Commissioner and approved by the Governor in Council.
(4) No policy of insurance so effected by any person shall during the time such person remains in the public service be assignable either at law or in equity.
(5) The appointment of any person who has been appointed on probation to any position mentioned in the Classified Roll or to the position of junior teacher or sewing mistress may be confirmed upon the recommendation of the Director and the certificate of the Commissioner that all the provisions of the Public Service Acts relating to such an appointment have been complied with.
Transfers how to be made,
21. All transfers of teachers from one school to another shall
be made by the Governor in Council upon a recommendation made See No. 1133 s. 96. by the Director in accordance with the Transfer List. It any teacher
or junior teacher refuses to accept a transfer which is proposed to be made by way of reduction in classification by order of the Commissioner or of the Classifiers or in the public interest the services of such teacher or junior teacher shall be dispensed with.
Filling up of vacancies.
22. (1) A list of teachers recorded for transfer or reduction to be known as the Transfer List shall be from time to time prepared by the Classifiers in the manner prescribed in the Sixth Schedule to this Act.
(2) When after the first day of January One thousand nine hundred and six a vacancy occurs in a school for a head teacher or assistant teacher or in the staff of relieving teachers it shall be filled according as the vacancy is for a male or female teacher by a male or female teacher whose name is recorded on the Transfer List.
(3) Where a vacancy is proposed to be filled from the First Division of the Transfer List the senior applicant shall be nominated thereto unless the Classifiers report in writing to the Minister that there are good reasons for departing from this rule and for appointing some other applicant, in which case the applicant recommended in such report shall be nominated and such reasons shall be embodied in such report. A teacher whose record of work is good and who has served for at least five years in an outlying district shall be considered as having special claims to transfer from such district.
(4) Where (4) Where there is no application for such vacancy from any teacher whose name is recorded in the First Division of the Transfer List the Director may require any teacher in the Second Third or Fourth Division thereof to accept a transfer to such vacancy.
(5) If the vacancy be such as should be filled by the appointment
teacher who is in the sixth the seventh or the eighth class and no application for such appointment is received from any classified teacher it shall notwithstanding anything contained in this Act be filled by the appointment of the senior applicant on the Employment Register. If there be no applicant for the position the Director may nominate thereto some person whose name is on the Employment Register and if such person refuses appointment to such position he may be debarred from receiving an appointment as head teacher or assistant for a period not exceeding six months.
(6) Before a teacher is appointed to the position of headteacher of any school the Minister shall be satisfied that suitable board and lodging for such teacher can be obtained in the vicinity of such school.
(7) Teachers and junior teachers while students in training shall not be nominated for transfer.
(8) Until the first day of July One thousand nine hundred and six the law in force immediately before the commencement of this Act relating to the promotion of teachers shall notwithstanding anything to the contrary in this Act have full force and effect.
(9) Notwithstanding anything contained in the Public Service Acts William Burston, assistant teacher in State School number 1402, situate at Errol-street North Melbourne, shall without further or other authority than this Act be appointed as from the first day of January One thousand nine hundred and six a teacher of the second class, and shall as from that date he paid the salary of the highest subdivision of that class as provided in the Teachers' Salaries Act 1893.
23. (1) As a condition of his promotion from any class to the next Effect on promotion higher class any teacher may be required to take charge of any school cepposition of or to accept transfer to any assistantship for which a teacher of consequent such higher class is needed and any such teacher refusing such transfer shall be deemed to have waived for the time being his right to promotion.
(2) Any head teacher who is in charge of a school with a minimum average attendance lower than that fixed for his class in the regulations made under the provisions of this Act may be transferred to a position corresponding with his class as prescribed in such regulations and if he refuses such transfer he shall thereupon be paid the maximum salary of the class next below his class.
(3) Any assistant teacher employed in a school whose average attendance is below that of schools in which assistant teachers of his class may be employed under the regulations made under the provisions of this Act may be transferred to a position corresponding with his class under such regulations and if he refuses such transfer he shall thereupon be paid the maximum salary of the class next below his class.
(4) Male assistant teachers of the third and fourth classes employed at the passing of this Act shall not be required to accept transfer in accordance with the provisions of this section so long as the average attendance of the schools in which such assistant teachers are employed at the date of the commencement of this Act is such as would under the provisions of the Public Service Acts previously in force justify the employment of such assistant teachers in such schools.
See Second Schedule,
Teachers of woodwork and cookery.
24. (1) Teachers of woodwork or cookery employed on the thirty-first day of December One thousand nine hundred and five shall thereafter be classified and paid as State school teachers and the classification of each such teacher shall subject to the approval of the Minister be determined by the Classifiers. If any such teacher feels aggrieved at the decision of the Classifiers he may appeal from such decision to the Commissioner and the provisions of the Public Service Acts with respect to an appeal by a teacher against a decision of the Classifiers shall as nearly as may be apply to such appeal.
(2) Teachers who are appointed teachers of woodwork or of cookery after the thirty-first day of December One thousand nine hurdred and five shall be classified and paid as State school teachers and shall be of such classes as may from time to time be prescribed by regulations.
(3) Except as may be otherwise determined by regulations made under the provisions of this Act, all teachers of woodwork or of cookery shall be subject to the same conditions as regards transfer and promotion to positions in State schools as other teachers whose names are on the Classified Roll.
25. Notwithstanding anything contained in the Public Service Acts the Director upon certifying to the Minister that it is desirable in the public interest or in the interest of ethiciency that any teacher be
Power to transfer teachers in the public interest, &c.
transferred from one school to another may at any time so transfer such teacher. A teacher so transferred shall not in consequence of such transfer suffer any reduction in salary unless and until a reduction in his classification is made by the Classifiers or by the Commissioner.
No. 1779 s. 13.
26. (1) Notwithstanding anything contained in section one Charge against hundred and twenty-four of the Principal Act and section teacher dealt with
by Commissioner thirteen of the Public Service Act 1901 in the case of any teacher who without susis charged with being careless or negligent in the discharge of his duties pending such or with being inefficient or incompetent the Director may without sus- See Act No. 1133 pending such teacher report the matter to the Commissioner who if the s. 121 and Act teacher so charged does not admit the truth of the charges made against him shall have authority to inquire into the truth of such charges and to hear receive and examine evidence upon oath.
(2) If any such charges be admitted as aforesaid or be found by the Commissioner to be proved the Commissioner may according to the nature of the offence reduce such officer to a lower rank in the public service or to a lower salary or deprive him of any future annual increment he would otherwise have been entitled to receive or any part thereof or of his leave of absence during such time as the Commissioner thinks fit, or with the consent of the Governor in Council dismiss such officer from the public service or dispense with his services or request him to resign. Opportunity shall be given to the teacher to be present at the hearing of such charge.
27. (1) Every female junior teacher who has fully completed her Acting Assistants. junior teacher's course shall be eligible for appointment to a position as junior teacher acting as assistant at the salary set forth in the Seventh Serenth Scheilule. Schedule to this Act. No such acting assistant shall be paid the maximum salary as set forth in such Schedule unless she has obtained a certificate of competency or has passed in the literary work for the first class certificate, or has passed some other examination approved by the Director.
(2) No junior teacher acting as assistant shall within two years from the date of her appointment to such position be entitled to apply for promotion unless the Director certifies that it is desirable that such teacher should be promoted.
28. (1) From and after the first day of January One thousand Salaries of teachers. nine hundred and six every teacher who immediately before that date was receiving an annual salary and payments by way of results shall be paid an annual salary only.
(2) Such annual salary shall be at a rate equal to the annual salary and payments by way of results which such teacher was receiving on the thirty-first day of December One thousand nine
hundred and five. If the salary as computed under the foregoing provisions is between the minimum and the maximum provided for teachers of his class in the Seventh Schedule to this Act such teacher shall at each subdivisional promotion in his class except the last receive an addition to liis annual salary equal in amount to the corresponding increases shown in the said Schedule. At the last subdivisional promotion he shall receive such an increase as will raise his salary to the maximum of his class. No teacher shall be paid less than the minimum rate of salary provided for his class in the said Schedule.
(3) Notwithstanding anything contained in sub-section (1) of section four of the Teachers Act 1895 any teacher who as certified by the Director has displayed exceptional merit may be promoted to any higher subdivision within his class provided that the number of teachers promoted to a subdivision other than the next lligher subdivision of any class shall not in any one year exceed five per centum of the total number of teachers in such class.
See Act 1382 s. 4 (1).
As to rate of salary
29. (1) Any teacher promoted from one class to a higher class if not before promotion paid a rate of salary equal to the minimum rate of salary of the class to which he is promoted shall on promotion be paid such minimum rate.
(2) If at any time the number of positions in any class as determined in accordance with the provisions of this Act is less than the number of teachers classified in such class each of such teachers shall subject to the provisions of this Act retain his rights of salary and subdivisional promotion in that class.
Rates of salaries of
30. (1) Junior teachers appointed on or after the first day of January One thousand nine hundred and six shall be entitled to the rates of annual salaries set forth in the Seventh Schedule to this Act.
(2) Until the staffs of schools have been adjusted in conformity with the provisions of the Fifth Schedule to this Act monitors employed on the first day of January One thousand nine hundred and six may be regarded as equivalent to junior teachers.
(3) Subject to the provisions of the Fifth Schedule to this Act whenever a vacancy for a junior teacher occurs in any school in which monitors are employed the staff of junior teachers in such school shall be increased by two and the staff of monitors shall be diminished by one until the existing staff of monitors is exhausted.
(4) In schools where monitors are employed but where no junior teachers are employed a junior teacher may be appointed in lieu of a monitor in conformity with the provisions of the said Schedule.
Section 46 of No.
31. The restrictions contained in section forty-six of the 1033 not to apply Principal Act with regard to new appointments shall not apply to
persons appointed as teachers or junior teachers after the commencement of the said Act.
junior teachers. See 1642 s. 2.