Part 9The teaching service

Part 9—The teaching service 96—Interpretation In this Part— misconduct includes— (a) making a false statement in connection with an application for appointment as an officer of the teaching service; and (b) a breach of a disciplinary provision of the public sector code of conduct while employed as an officer of the teaching service; and (c) being found guilty, while employed as an officer of the teaching service, of an offence punishable by imprisonment; and (d) any other misconduct occurring in the course of employment as an officer of the teaching service. Division 2—Appointment to the teaching service 97—Appointment to the teaching service (1) Subject to this Act, the Chief Executive may appoint such teachers to be officers of the teaching service as the Chief Executive considers appropriate. (2) A reference in any other Act to the employing authority, in relation to the teaching service, will be taken to be a reference to the Chief Executive. (3) An officer of the teaching service must be appointed as— (a) an ongoing employee; or (b) a term employee; or (c) a casual employee. (4) The appointment of an officer of the teaching service appointed on an ongoing basis may only be terminated in accordance with this Act. (5) An officer of the teaching service appointed on a term or casual basis will hold office for a term, and on conditions, determined by the Chief Executive. 98—Merit‑based selection processes (1) The following may only occur as a consequence of selection processes conducted on the basis of merit and in accordance with any requirements set out in administrative guidelines or the regulations: (a) the appointment of a person as an officer of the teaching service on an ongoing basis; (b) the promotion of an officer of the teaching service to a higher remuneration level; (c) changing the basis on which a person is appointed as an officer of the teaching service to appointment on an ongoing basis. (2) However, subsection (1) does not apply— (a) to the promotion of an officer of the teaching service by way of reclassification of the officer's remuneration level; or (b) to the appointment of an officer of the teaching service on an ongoing basis (being an officer who is, or was, before the appointment employed on a term basis) in circumstances prescribed by the regulations for the purposes of this paragraph; or (c) in any other circumstances prescribed by the regulations for the purposes of this subsection. 99—Rate of remuneration for part‑time employees (1) If an officer of the teaching service is employed on the basis that the officer will work a specified percentage of the time ordinarily expected of an officer employed on a full-time basis, the rate of remuneration applicable to the officer is that same percentage applied to the rate of remuneration that would apply if the officer were employed on a full-time basis. (2) Subsection (1) applies in relation to— (a) any salary payable to the officer (despite any Act or law (including the provisions of any contract of employment or award) to the contrary); and (b) any allowance payable to the officer (subject to any express provision of a contract of employment or an award that provides for payment of the full amount of the allowance to the officer); and (c) any other remuneration to which the officer is entitled (whether arising before or after the commencement of this section), and applies regardless of the number of working days, or the period of time in a working day, in any pay period during which the officer performs the work. 100—Special remuneration for attraction and retention of officers of the teaching service (1) The Chief Executive may, in accordance with any requirements set out in administrative guidelines or the regulations, offer special remuneration to officers of the teaching service for the purposes of attracting and retaining officers of a high standard (and, for that purpose, may enter into an arrangement with an officer of the teaching service). (2) However, nothing in subsection (1) limits the actions that the Chief Executive may take for the purpose of attracting or retaining officers of the teaching service, or for any other purpose. 101—Probation (1) Subject to this section, a person is, when first appointed to the teaching service as an ongoing employee (whether or not the person has been previously appointed as a term employee or casual employee), on probation for a period of 2 years. (2) The Chief Executive may, in relation to a specified officer of the teaching service (being an officer appointed as an ongoing employee) determine that— (a) no probation is required; or (b) some lesser period of probation is to apply; or (c) that the probation period for the officer may consist of 12 months, with a further period of probation of 12 months to apply at the discretion of the Chief Executive, and, in such a case, the probation period (if any) for the officer will be as so determined. (3) A person appointed to the teaching service as a term employee (whether or not the person has been previously appointed as a term employee or casual employee) is on probation for a period determined in accordance with the scheme set out in the regulations. (4) Subsections (1) and (3) do not apply to— (a) the appointment of an officer of the teaching service as a casual employee; or (b) any other appointment, or class of appointments, declared by the regulations to be included within the ambit of this subsection. (5) The employment of an officer of the teaching service who is on probation may be terminated by the Chief Executive at any time. (6) If an officer of the teaching service has been on probation for at least half of the period of probation, the Chief Executive may confirm the officer's employment and, in that event, the officer ceases to be on probation. (7) Subject to this Act, an officer of the teaching service ceases to be on probation at the end of the period of probation. (8) For the purposes of this section, in determining the period during which an officer of the teaching service has been on probation, any period during which the officer is absent on leave without pay is to be disregarded. Division 3—Duties, classification, promotion and transfer 102—Assignment of duties and transfer to non-teaching position within Department (1) The Chief Executive may from time to time determine the duties of an officer of the teaching service and the place or places at which the duties are to be performed. (2) Without limiting subsection (1), the Chief Executive may, by notice in writing— (a) transfer an officer of the teaching service from a teaching position to an administrative or other specified position; and (b) make such transitional or ancillary arrangements as may be necessary or expedient in the circumstances. (3) A notice under subsection (2) has effect according to its terms and despite any other Act or law. (4) The regulations may make further provision in relation to the operation of this section for the purposes of this Act (including, to avoid doubt, provisions limiting the circumstances in which a transfer under this section can occur). (5) A transfer of an officer of the teaching service under this section does not constitute a breach of the officer's contract of employment or termination of the officer's employment, or affect the continuity of the officer's employment for any purpose. (6) Nothing in this section limits section 9 of the Public Sector Act 2009. 103—Transfer within teaching service (1) The Chief Executive may transfer officers of the teaching service between positions in the teaching service but not so as to— (a) reduce an officer's salary without the officer's consent; or (b) effect promotion of an officer to a position at a higher classification level. (2) A transfer of an officer of the teaching service under this section does not constitute a breach of the officer's contract of employment or termination of the officer's employment, or affect the continuity of the officer's employment for any purpose. 104—Classification of officers and positions (1) The Chief Executive may, from time to time— (a) fix the duties and titles of officers of, and positions in, the teaching service; and (b) classify officers of the teaching service; and (c) classify positions in the teaching service at promotional levels. (2) The classifying of officers under subsection (1) may be conditional or unconditional. (3) The Chief Executive may vary or revoke a condition under subsection (2). 105—Application to Chief Executive for reclassification (1) If an officer of the teaching service considers that the classification of the officer, or a position occupied by the officer, is not appropriate in view of the duties of the officer or on any other ground, the officer may lodge with the Chief Executive an application for reclassification. (2) An application under subsection (1) must be made in a manner and form approved by the Chief Executive. (3) The Chief Executive may, on an application under subsection (1), reclassify the officer or a position occupied by the officer. (4) Nothing in this section limits the Chief Executive's general power to reclassify officers of, or positions in, the teaching service. (5) The regulations may make further provision in relation to an application under this section for the purposes of this Act (including, to avoid doubt, limiting the circumstances or positions in relation to which an application can be made). 106—Appointment to promotional level positions (1) Subject to this Act, the Chief Executive may appoint officers of the teaching service to positions within the teaching service classified at promotional levels in accordance with this section. (2) The Chief Executive must call for applications in relation to a position in the teaching service classified at a promotional level in a manner specified by the regulations, and applications for the position are to be submitted in accordance with the regulations to either— (a) the Chief Executive; or (b) a committee established by the Chief Executive and consisting of members appointed by the Chief Executive, at least 1 of whom must, subject to subsection (3), be a nominee of the Australian Education Union (SA Branch). (3) If the Chief Executive does not receive a nomination under subsection (2)(b) within 14 days after calling for applications in relation to the position, the Chief Executive may appoint, in lieu of a nominee, an officer of the teaching service elected or nominated by other officers of the teaching service to represent them on such committees in accordance with the regulations. (4) However, subsection (2) does not apply to— (a) the appointment of an officer of the teaching service to a position in an acting capacity for a period of not more than 12 months; or (b) the appointment of an officer of the teaching service to a position in an acting capacity for a period of more than 12 months but not more than 2 years in circumstances determined by the Chief Executive; or (c) the transfer of an officer of the teaching service between positions in the teaching service; or (d) any other appointment of a kind declared by the regulations to be included within the ambit of this subsection. (5) A committee established under subsection (2)(b) may make a provisional recommendation to the Chief Executive that an applicant be appointed to the vacant position. (6) The Chief Executive may, after considering an application under subsection (2)(a), or a provisional recommendation of a committee under subsection (5)— (a) appoint the applicant to the vacant position; or (b) decline to make the appointment. (7) The Chief Executive may appoint an officer of the teaching service to a position classified at a promotional level in an acting capacity for a term not exceeding 2 years. (8) An appointment under this section may be conditional or unconditional. (9) The Chief Executive may vary or revoke a condition under subsection (8). Division 4—Long service leave 107—Long service leave and retention entitlement (1) An officer of the teaching service's entitlement to long service leave accrues as follows: (a) the officer is entitled to 63 days' leave in respect of the first 7 years of effective service; (b) the officer is then entitled to 0.75 of a day's leave for each subsequent complete month of effective service. (2) An officer of the teaching service who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows: (a) for each month of effective service completed during the 2012/2013 financial year—⅙ working day's leave; (b) for each month of effective service completed during the 2013/2014 financial year—¼ working day's leave; (c) for each month of effective service completed on or after 1 July 2014—⅓ working day's leave. (3) If long service leave is taken by an officer of the teaching service, the officer's entitlement to long service leave is reduced accordingly. (4) Each day from the commencement to the conclusion of a period of long service leave (whether a working day or not) will be counted as a day of that leave. (5) The following additional provisions apply in relation to a skills and experience retention leave entitlement: (a) the Chief Executive may make a determination under which the accrual of the entitlement will be calculated instead as a number of working hours leave for each completed month of effective service; (b) an entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations; (c) a skills and experience retention leave entitlement is to be taken (depending on the amount of leave accrued) as 1 or more whole working days of leave and accordingly subsection (4) will not apply in relation to a skills and experience retention leave entitlement; (d) a skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable) (and accordingly the other provisions of this Division relating to paying out an entitlement to leave will apply subject to the operation of this paragraph); (e) the Chief Executive may, by determination, make any other provision in relation to the granting or taking of skills and experience retention leave. (6) This Division— (a) does not affect an entitlement to long service leave or payment in lieu of long service leave that accrued before the commencement of the Education Act Amendment Act 1987; and (b) does not prejudice an entitlement to pro rata long service leave arising after 5 years' effective service that would have come into existence if the Education Act Amendment Act 1987 had not been enacted. (7) The regulations may, for the purposes of this section— (a) prescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and (b) fix different monetary amounts according to different classes or categories of officers of the teaching service. (8) A regulation under subsection (7) may only be made on the recommendation of the Treasurer. (9) The Treasurer must, in making a recommendation under subsection (8), apply the principle that a monetary amount fixed by the regulations must be consistent with any corresponding regulations applying under the Public Sector Act 2009. 108—Taking leave (1) Subject to this section, an officer of the teaching service who has completed at least 10 years' effective service is entitled to take long service leave. (2) The Chief Executive may permit an officer who has completed at least 7 years' effective service to take long service leave. (3) Long service leave may only be taken in respect of completed years of effective service. (4) Subsection (3) does not apply in relation to a skills and experience retention leave entitlement. (5) Long service leave may only be taken at times and for periods that are, in the opinion of the Chief Executive, convenient to the Department. (6) Subject to this section, the salary to which an officer of the teaching service is entitled during long service leave is— (a) where the effective service of the officer consists of full-time service—the salary applicable to the officer's position or classification level during that leave (disregarding any acting appointment); or (b) where the effective service of the officer consists in whole or in part of part-time service—a salary determined by the Chief Executive. (7) An officer of the teaching service may elect to take long service leave on half salary and, in that event, may take 2 days' leave for each whole day of the officer's entitlement. (8) If the effective service of an officer of the teaching service consists wholly or partly of part-time service, the officer may elect to take long service leave on the salary applicable to full-time service and, in that event, the period of the long service leave will be reduced accordingly. (9) The Chief Executive may authorise payment to an officer of the teaching service on long service leave of such additional salary or allowances as the Chief Executive considers appropriate. 109—Payment in lieu of long service leave (1) The Chief Executive may, on application by an officer of the teaching service, authorise the officer to be paid, in lieu of a period of long service leave to which the officer has accrued an entitlement, an amount equal to the salary or wages and allowances (if any) that the officer would have been entitled to receive during such a period of leave. (2) If an officer of the teaching service who is entitled to long service leave dies or ceases for any reason to be an officer, then— (a) in the case of death—the officer's personal representative; or (b) in the case of cessation of service for any other reason—the officer, must be paid the salary or wages that would have been payable if the long service leave had commenced on the day of cessation of service. (3) In determining a sum payable under this section, no allowance may be made for an increase in salary or wages granted or payable after the date of the payment. (4) The Chief Executive may apply any amount payable to or in respect of an officer of the teaching service under this section in satisfaction of a claim against the officer. 110—Interruption of service where officer leaves teaching service (1) If an officer of the teaching service retires or retired from employment under this Act, a repealed Act or the Children's Services Act 1985 on the ground of invalidity and is, or was, subsequently reappointed as an officer, their service before retirement and service after reappointment will, for the purposes of this Division, be taken into account as though that service were continuous. (2) If the service of an officer of the teaching service is, or was, interrupted other than by resignation or termination for misconduct and the officer is, or was, subsequently reappointed as an officer within— (a) in the case of an officer who was employed before the interruption as an ongoing employee—2 years after the date of that interruption; (b) in the case of an officer who was employed before the interruption as a term employee—3 months after the date of that interruption (disregarding any period of school vacation occurring after the interruption but before the reappointment), the officer's service before the interruption and service after the interruption will, for the purposes of this Division, be taken into account as though that service were continuous. (3) Subsections (1) and (2) apply in relation to— (a) a retirement occurring before or after the commencement of this section; and (b) an interruption in service commencing before or after the commencement of this section. (4) However, subsections (1) and (2) do not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service. (5) If the service of an officer of the teaching service was interrupted other than by resignation or termination for misconduct for a period exceeding— (a) in the case of an officer who was employed before the interruption as an ongoing employee—2 years; (b) in the case of an officer who was employed before the interruption as a term employee—3 months, the Chief Executive may grant a certificate under this section (and, if a certificate is issued, the service of the officer will be regarded as continuous despite the interruption, but the period of the interruption will not be taken into account in determining the period of the officer's service). (7) This section does not apply in relation to an interruption in service occurring while an officer of the teaching service is employed in prescribed employment. (7a) For the purposes of this section, a reference to an officer who was employed as a term employee will be taken to include a reference to— (a) a person employed as a temporary employee under the Education Act 1972 or the Children's Services Act 1985; or (b) a person employed as a casual employee under the Education Act 1972 or the Children's Services Act 1985 who is eligible to accrue long service leave. prescribed employment means— (a) employment in the Public Service of the Commonwealth; or (b) employment in the Public Service of this State; or (c) employment in the public sector of this State other than in the Public Service; or (d) employment in the Public Service of any other State or Territory of the Commonwealth; or (e) employment by a university; or (f) employment by TAFE SA under the TAFE SA Act 2025; or (g) any other employment approved by the Chief Executive. 110A—Special provisions relating to interruption of service of certain term employees (1) This section applies to an officer of the teaching service where— (a) the service of the officer was, before the commencement of this section, interrupted other than by resignation or termination for misconduct (whether or not the interruption in service occurred before or after the commencement of this Act); and (b) the officer was, before the interruption, employed as a term employee; and (c) the officer was, on or after 1 July 2020, reappointed as an officer of the teaching service; and (d) the reappointment occurred more than 3 months after the date of the interruption. (2) In determining whether a reappointment occurred more than 3 months after the date of an interruption, any period of school vacation occurring after the interruption but before the reappointment is to be disregarded. (3) On the commencement of this section, the following provisions apply in relation to an officer of the teaching service to whom this section applies: (a) subject to section 110(5), the service of the officer after reappointment will be taken not to be continuous with their service before the interruption; (b) any entitlements in respect of long service leave and skills and experience retention leave accrued or purportedly accrued by the officer— (i) on or after 1 July 2020; but (ii) before the commencement of this section, are, by force of this section, extinguished; (c) subject to section 110(5), the entitlements accrued by the officer during the period referred to in paragraph (b) are to be determined on the basis that the officer's appointment after the interruption was a new appointment to the teaching service. (4) To the extent that a matter relating to the long service leave or skills and experience retention leave of an officer to whom this section applies is not able to be determined under subsection (3), the matter is to be determined in accordance with a determination of the Chief Executive. (5) Nothing in this section affects the validity of— (a) a period of long service leave or skills and experience retention leave; or (b) a payment of a monetary amount in lieu of long service leave or skills and experience retention leave, taken or made under this or any other Act before the commencement of this section. (6) This section has effect despite— (a) any other provision of this Act or a provision of any other Act or law; or (b) a term of a contract, enterprise bargaining agreement, undertaking or other instrument or agreement (however described) that was in force immediately before the commencement of this section. (7) For the purposes of this section, a reference to an officer who was employed as a term employee will be taken to include a reference to— (a) a person employed as a temporary employee under the Education Act 1972 or the Children's Services Act 1985; or (b) a person employed as a casual employee under the Education Act 1972 or the Children's Services Act 1985 who is eligible to accrue long service leave. (8) To avoid doubt, a reference to a reappointment of an officer will, in the case of an officer who was originally appointed under a repealed Act or the Children's Services Act 1985, be taken to include an appointment of the officer under this Act following an interruption in service. (9) The regulations may make provisions of a saving or transitional nature in respect of the operation of this section. 111—Special provisions relating to certain temporary officers of the teaching service (1) This section applies to an officer of the teaching service who was, before the commencement of this section, a person to whom section 22A of the Education Act 1972 (as in force immediately before the commencement of this section) applied. (2) To the extent that the entitlements to long service leave and skills and experience retention leave of an officer of the teaching service to whom this section applies were not conferred under section 22A(2) of the Education Act 1972 (as in force immediately before the commencement of this section), those entitlements are to be determined as if that section (and any regulations under that Act that may be relevant to the determination) had not been repealed or revoked. 112—Entitlement where officer transferred to other public sector employment (1) If an officer of the teaching service is transferred to other employment in the public sector of the State, and their service in that employment is continuous with their service as an officer, their service as an officer will be taken into account for the purpose of determining long service leave to which they may be entitled in respect of that other employment. (2) However, subsection (1) does not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service. (3) For the purposes of the Public Sector Act 2009 and any other Act, the question of whether particular service of an officer to whom section 111 applies is continuous service is to be determined in accordance with section 22A of the Education Act 1972 (as in force immediately before the commencement of this section). 113—Entitlement of persons transferred to the teaching service (1) If an officer of the teaching service has previously been in prescribed employment and their service in the prescribed employment is continuous with their service as an officer, the long service leave to which the officer is entitled under this Division will be determined on the basis that their service in the prescribed employment is service in the teaching service. (2) However, subsection (1) does not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service. (3) For the purposes of this section, continuity of service is not interrupted by an interval, not exceeding 3 months, between the time that service in the prescribed employment terminated and the time the officer commenced employment in the teaching service. (4) In determining the period of an interval for the purposes of subsection (3), any period that falls within a period of Government school vacation is to be disregarded. (5) If there is an interval of more than 3 months between the time that service in the prescribed employment terminated and the commencement of employment in the teaching service, the Chief Executive may, if they are of the opinion that special reasons exist for doing so, declare that that interval will be taken not to disrupt the continuity of service, and the declaration will have effect according to its terms. (6) This section does not apply to an officer of the teaching service to whom section 111 applies. (7) In this section— prescribed employment means— (a) employment in the Public Service of the Commonwealth; or (b) employment in the Public Service of this State; or (c) employment in the public sector of this State other than in the Public Service; or (d) employment in the Public Service of any other State or Territory of the Commonwealth; or (e) employment by a university; or (f) employment by TAFE SA under the TAFE SA Act 2025; or (g) any other employment approved by the Chief Executive. Division 5—Disciplinary action and management of unsatisfactory performance 114—Disciplinary action (1) If the Chief Executive is satisfied that an officer of the teaching service is guilty of misconduct, the Chief Executive may do 1 or more of the following: (a) reprimand the officer; (b) reduce the remuneration of the officer under section 116; (c) vary the duties of the officer; (d) reclassify the officer; (e) remove the entitlement of the officer to an increase in remuneration; (f) impose a fine on the officer not exceeding the amount of 1 week's salary of the officer; (g) transfer the officer to another position in the teaching service; (h) suspend an officer of the teaching service from duty without remuneration or accrual of leave rights for a specified period (not exceeding 12 months); (i) terminate the employment of the officer under section 120. (2) To avoid doubt, action referred to in subsection (1)(c), (d), (e) or (g) may be taken whether or not the action has the effect of reducing the officer's remuneration. (3) A fine imposed on an officer of the teaching service under this section may be deducted from the salary or other remuneration payable to that officer. (4) The regulations may make further provision in respect of disciplinary action under this section for the purposes of this Act. 115—Managing unsatisfactory performance (1) If the Chief Executive is satisfied that the performance of an officer of the teaching service is unsatisfactory, the Chief Executive may do 1 or more of the following: (a) reprimand the officer; (b) reduce the remuneration of the officer under section 116; (c) vary the duties of the officer; (d) reclassify the officer; (e) transfer the officer to another position in the teaching service; (f) terminate the employment of the officer under section 120. (2) To avoid doubt, action referred to in subsection (1)(c), (d) or (e) may be taken whether or not the action has the effect of reducing the officer's remuneration. (3) The regulations may make further provision in respect of managing unsatisfactory performance under this section for the purposes of this Act. 116—Reduction in remuneration level (1) The Chief Executive may reduce the remuneration level of an officer of the teaching service without the officer's consent on any of the following grounds: (a) the officer is excess to the requirements of the teaching service at the higher remuneration level; (b) the officer is physically or mentally incapable of satisfactorily performing the duties required at the higher remuneration level; (c) misconduct; (d) unsatisfactory performance; (e) the lack of an essential qualification in respect of the higher remuneration level. (2) However, the Chief Executive must not reduce an officer's remuneration level under subsection (1)(a) or (b) unless the Chief Executive has taken reasonable steps, but has failed, to find other suitable duties in the Department or other employment in the public sector of the State to which the officer might be assigned or transferred on conditions that maintain the officer's substantive remuneration level. (3) If the remuneration level of an officer of the teaching service is reduced under subsection (1)(a), the officer is entitled to supplementation of their remuneration in accordance with the relevant provisions of an award or enterprise agreement or, if there is no award or enterprise agreement covering the matter, in accordance with a scheme prescribed by the regulations. (4) Without limiting the generality of subsection (1), the Chief Executive may, in reducing the remuneration level of an officer of the teaching service under this section, reduce the remuneration level— (a) to a remuneration level contained within a different classification structure; and (b) as a preliminary step to assigning or transferring the officer to other duties in the teaching service or to other employment in the public sector of the State. 117—Suspension (1) If the Chief Executive is satisfied that the nature or circumstances of any matter alleged against an officer of the teaching service are such that the officer should not continue in the performance of their duties, the Chief Executive may suspend the officer. (2) To avoid doubt, subsection (1) applies whether the matter alleged is a disciplinary matter or a matter relating to unsatisfactory performance. (3) A suspension under subsection (1) may be made whether or not the officer has been charged with an offence. (4) Unless the Chief Executive directs otherwise, an officer suspended under this section is entitled to their salary in respect of the period of suspension. (5) If a direction has been given under subsection (4), but the matter alleged against the suspended officer is not proved, the officer is entitled to receive the salary to which they would have been entitled had the direction not been so given. (6) The Chief Executive may revoke a suspension at any time. Division 6—Physical or mental incapacity of officers of the teaching service 118—Physical or mental incapacity of officers of the teaching service (1) If— (a) an officer of the teaching service is not performing their duties satisfactorily; and (b) it appears to the Chief Executive that the officer's unsatisfactory performance may be caused by physical or mental incapacity, the Chief Executive may require the officer to undergo a medical examination by a medical practitioner selected by the officer from a panel of medical practitioners nominated by the Chief Executive. (2) If an officer of the teaching service refuses or fails, without reasonable excuse, to submit to a medical examination as required under subsection (1), the Chief Executive may suspend the officer from duty (without remuneration and accrual of leave rights) until the officer submits to a medical examination as required by the Chief Executive. (3) The Chief Executive must— (a) provide a copy of any report on the results of a medical examination required under this section to the officer concerned; and (b) before taking any action on the basis of the report, allow the officer a period of not less than 14 days from the date the report is provided to the officer to provide to the Chief Executive any other medical reports obtained by the officer relating to their physical or mental condition. (4) If the Chief Executive is satisfied that an officer of the teaching service is, by reason of their physical or mental condition, incapable of satisfactorily performing the officer's duties, the Chief Executive may do 1 or more of the following: (a) transfer the officer to some other position in the teaching service; (b) vary the officer's duties and assign an appropriate classification to the officer; (c) determine to take steps to transfer the officer to some other employment in the public sector of the State; (d) grant the officer leave of absence (without remuneration) from the teaching service. (5) The Chief Executive must, before taking action under subsection (4), be satisfied that a transfer or variation of duties without reduction of remuneration is not reasonably practicable in the circumstances. (6) This section is in addition to, and does not derogate from, section 120(3).