{"id":"nsw:sl-2024-0341","name":"Education (School Administrative and Support Staff) Regulation 2024","slug":"education-school-administrative-and-support-staff-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"341 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174200,"registerId":"nsw-sl-2024-0341-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Education (School Administrative and Support Staff) Regulation 2024](/view/html/inforce/current/sl-2024-0341).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Education (School Administrative and Support Staff) Regulation 2018](/view/html/repealed/current/sl-2018-0468), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Education (School Administrative and Support Staff) Act 1987](/view/html/inforce/current/act-1987-240).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Health assessments","content":"#### 4 Health assessments\n\n4 Health assessments\n\n> > (1) For the Act, section 10, a person satisfies a medical assessment or examination if the person is found to be fit to carry out the duties of the position after a health assessment under this section.\n> \n> > (2) The health assessment must be in the form approved by the Secretary.\n> \n> > (3) The form may include the following—\n> > \n> > > (a) a declaration or a statutory declaration given by the person concerning an illness, disability or condition that the person is aware might make the person unfit to carry out the duties of the position,\n> > \n> > > (b) a medical examination by a medical practitioner approved by the Secretary,\n> > \n> > > (c) an examination of a particular aspect of the person’s health likely to detrimentally affect the person’s capacity to carry out the duties of the position and performed by—\n> > > \n> > > > (i) a medical practitioner, or\n> > > \n> > > > (ii) an optometrist, or\n> > > \n> > > > (iii) an appropriately qualified healthcare professional approved by the Secretary.\n> \n> > (4) The person carrying out the health assessment referred to in subsection (3)(b) or (c) may make a request to the Secretary for information that—\n> > \n> > > (a) relates to the duties of the position concerned, and\n> > \n> > > (b) is reasonably required to carry out the health assessment.\n> \n> > (5) The Secretary must give the requested information to the person.\n> \n> > (6) In this section—\n> > \n> > fit to carry out the duties, for a position, includes the ability of a person to carry out the duties without endangering the health and safety of—\n> > \n> > > (a) the person, or\n> > \n> > > (b) the public, or\n> > \n> > > (c) other persons employed in the Department.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Education (School Administrative and Support Staff) Regulation 2018](/view/html/repealed/current/sl-2018-0468) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Education (School Administrative and Support Staff) Regulation 2018](/view/html/repealed/current/sl-2018-0468), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a straightforward remake or continuation of existing rules governing school administrative and support staff, consistent with routine regulatory cycle requirements under the Subordinate Legislation Act 1989. No amendments or expansions of scope are evident from the information provided."},"complexity_factors":["Only metadata and status information was provided — no substantive provisions are visible, limiting full complexity assessment","Operates under a parent Act (Education Act), requiring cross-referencing to understand full scope","Interaction with the Subordinate Legislation Act 1989 adds a procedural layer regarding automatic repeal","Likely intersects with industrial awards, enterprise agreements, and broader employment law — though this cannot be confirmed from the text provided","Relatively narrow subject matter (one category of school staff) keeps complexity low"],"plain_english_summary":"This NSW regulation governs employment rules for administrative and support staff in public schools—office staff, teacher aides, cleaners, maintenance workers—and sets how they are hired, managed and treated by the Department of Education and school leaders.  \n\nIt appears to be a routine re‑made instrument and will automatically repeal on 1 September 2029."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: setting health assessment requirements for school administrative and support staff. The 2024 version appears to be a straightforward re-enactment of the 2018 regulation with no expansion of scope."},"complexity_factors":["Very short document (5 sections, approximately 500 words)","Only 2 defined terms ('the Act' and 'fit to carry out the duties')","Single substantive provision (section 4) with straightforward nested structure","No cross-references to other legislation beyond basic interpretation acts","Simple conditional logic (subsection 3(c) has a basic 3-option list for examiners)","Standard commencement, repeal and savings provisions—boilerplate administrative machinery"],"plain_english_summary":"This regulation sets out the rules for health checks that school administrative and support staff in New South Wales must pass before being hired.\n\n**What it does:**\n- Replaces an older 2018 regulation that was due to expire\n- Establishes how the Department of Education determines if someone is medically fit for school support jobs (roles like office staff, teacher aides, and other non-teaching positions)\n\n**Who it affects:**\n- People applying for administrative and support positions in NSW public schools\n- The Secretary of the Department of Education (who approves the forms and medical practitioners)\n- Medical professionals conducting the assessments\n\n**The health check process:**\n- Applicants must complete an approved form that may include:\n  - A personal declaration about any illnesses or conditions\n  - A medical exam by an approved doctor\n  - Specialised tests (like eye exams by optometrists or other health checks by qualified professionals)\n- Doctors doing these assessments can request information about the specific job duties to properly assess fitness\n- \"Fit for duty\" means the person can do the job without risking their own safety, public safety, or the safety of other school staff\n\n**Why it matters:**\nThis ensures school support staff are physically and mentally capable of performing their duties safely—particularly important in school environments where staff may work near children, handle emergencies, or perform physical tasks."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals the 2018 regulation but includes a savings provision preserving existing acts, matters or things (s5(1)–(2)). The text itself does not indicate a substantive change in scope of who is covered or the assessment purpose; it primarily restates assessment mechanics and administrative arrangements under the Act."},"complexity_factors":["Short, focused instrument limited largely to health‑assessment mechanics and repeal/savings (overall low textual complexity).","Discretion given to the Secretary to approve the assessment form and to approve 'appropriately qualified' healthcare professionals (s4(2), s4(3)(c)(iii)) increases administrative discretion.","Assessment form can include multiple elements (statutory declaration, medical exam, specialised checks) requiring coordination with external practitioners (s4(3)(a)–(c)).","Information flow requirement: assessors may request, and the Secretary must provide, job‑duty information needed for assessments (s4(4)–(5))—creates a procedural compliance step.","Broad fitness definition that includes risks to health and safety of the person, public and colleagues (s4(6))—applies a safety standard rather than a narrow medical test.","Repeal and savings clause preserves existing acts/matters under the old regulation (s5(1)–(2)), so scope continuity must be checked against prior instrument if needed."],"plain_english_summary":"This regulation sets out health‑assessment rules for school administrative and support staff under the Education (School Administrative and Support Staff) Act 1987. It requires a Secretary‑approved assessment form (which may include a statutory declaration, medical/optometrist or other approved healthcare check) and defines when a person is ‘fit to carry out the duties’. It lets medical assessors request job‑duty information from the Secretary (who must supply it), repeals the 2018 regulation and preserves existing effects."}},"importantCases":[],"_links":{"self":"/api/acts/education-school-administrative-and-support-staff-regulation-2024","history":"/api/acts/education-school-administrative-and-support-staff-regulation-2024/history","analysis":"/api/acts/education-school-administrative-and-support-staff-regulation-2024/analysis","conflicts":"/api/acts/education-school-administrative-and-support-staff-regulation-2024/conflicts","importantCases":"/api/acts/education-school-administrative-and-support-staff-regulation-2024/important-cases","documents":"/api/acts/education-school-administrative-and-support-staff-regulation-2024/documents"}}