49Employment

49 Employment

(1) A school council must not employ a person in an ongoing position unless the vacancy in the position has been advertised generally throughout the Department and Government schools.

(2) In employing a person for a fixed period or on a casual basis, a school council must comply with the public notice requirements (if any) determined by the Secretary.

(3) Any public notice requirements determined by the Secretary under subregulation (2) must be consistent with any requirements applying from time to time to employment in the Government teaching service.

(4) Subregulations (1) and (2) do not apply—

(a) to employment as an ongoing employee without a position; or

(b) if public notice of a vacancy is not required by any applicable award or agreement under, or continued in force by, a law of the Commonwealth; or

(c) to assignments for specific periods; or

(d) to administrative transfers; or

(e) to transfers pending disciplinary action under the Act; or

(f) if, in the opinion of the Secretary, it is not in the public interest or efficient to publish a notice.