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Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Education (School Administrative and Support Staff) Regulation 2024.
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New South Wales regulation
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.
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Direct links to the current provisions in Education (School Administrative and Support Staff) Regulation 2024.
1 Name of regulation
This regulation is the Education (School Administrative and Support Staff) Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education (School Administrative and Support Staff) Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Education (School Administrative and Support Staff) Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Health assessments
(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.
(2) The health assessment must be in the form approved by the Secretary.
(3) The form may include the following—
(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,
(b) a medical examination by a medical practitioner approved by the Secretary,
(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—
(i) a medical practitioner, or
(ii) an optometrist, or
(iii) an appropriately qualified healthcare professional approved by the Secretary.
(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—
(a) relates to the duties of the position concerned, and
(b) is reasonably required to carry out the health assessment.
(5) The Secretary must give the requested information to the person.
(6) In this section—
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—
(a) the person, or
(b) the public, or
(c) other persons employed in the Department.
5 Repeal and savings
(1) The Education (School Administrative and Support Staff) Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Education (School Administrative and Support Staff) Regulation 2018, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Education (School Administrative and Support Staff) Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education (School Administrative and Support Staff) Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Education (School Administrative and Support Staff) Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Health assessments
(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.
(2) The health assessment must be in the form approved by the Secretary.
(3) The form may include the following—
(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,
(b) a medical examination by a medical practitioner approved by the Secretary,
(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—
(i) a medical practitioner, or
(ii) an optometrist, or
(iii) an appropriately qualified healthcare professional approved by the Secretary.
(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—
(a) relates to the duties of the position concerned, and
(b) is reasonably required to carry out the health assessment.
(5) The Secretary must give the requested information to the person.
(6) In this section—
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—
(a) the person, or
(b) the public, or
(c) other persons employed in the Department.
5 Repeal and savings
(1) The Education (School Administrative and Support Staff) Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Education (School Administrative and Support Staff) Regulation 2018, had effect under that regulation continues to have effect under this regulation.