Part 10Other employment and staffing arrangements

Part 10—Other employment and staffing arrangements 121—Chief Executive may employ other persons for purposes of Act (1) The Chief Executive may employ such other persons (in addition to the employees and officers of the Department and officers of the teaching service) as the Chief Executive thinks necessary or appropriate for the purposes of this Act. (2) To avoid doubt, a person may be employed under this section to provide health, social or other non-education services in relation to schools, preschools or children's services centres. 122—Part 7 and Schedule 1 of the Public Sector Act 2009 to apply to persons employed under this Part (1) Pursuant to section 41(2) of the Public Sector Act 2009, Part 7 of that Act (as modified by the following provisions) applies to a person employed under section 121: (a) section 45(3) of that Act does not apply in relation to the employee; (b) Part 7 Division 2 of that Act does not apply in relation to an employee employed under an executive employment contract entered into before the day on which this section commences; (c) a grievance about an employment decision made before 1 July 2016 is to be heard and determined, or to continue to be heard and determined, in accordance with any policies and procedures established by the Department for Education and Child Development for the purpose of dealing with such grievances, as in force when the employment decision was made. (2) The regulations may make further modification to Part 7 of the Public Sector Act 2009 as it applies to a person employed under section 121. (3) Schedule 1 of the Public Sector Act 2009 applies to a person employed under section 121. (4) However, this section does not apply in relation to the following employees: (a) an employee employed in duties that are classified in a classification contained in the Pre-School (Kindergarten) Teaching Staff Award (or any award made in substitution for that award); (b) an employee employed in duties as an hourly paid instructor or a swimming and aquatics instructor as classified in a classification contained in the Teachers DECS Award or the SA School and Preschool Education Staff Enterprise Agreement 2012 (or any award or enterprise agreement made in substitution for that award or enterprise agreement); (c) any other employee declared by the regulations to be included within the ambit of this subsection. 123—Use of staff etc of administrative units of the Public Service The Chief Executive may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.