NSWIn ForceAct
Teaching Service Act 1980
93DIssuing of procedural guidelines
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#### 93D Issuing of procedural guidelines
93D Issuing of procedural guidelines
> > (1) The Secretary may, from time to time, issue guidelines for the purposes of—
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> > > (a) dealing with allegations of misconduct against officers as a disciplinary matter, and
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> > > (b) the taking of disciplinary action with respect to officers under this Part, including disciplinary action in relation to unsatisfactory performance, and
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> > > (c) any other matter referred to in this Part.
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> > (2) The procedural guidelines must be consistent with the rules of procedural fairness.
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> > (3) Without limiting subsection (2), the procedural guidelines are to ensure that—
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> > > (a) an officer to whom an allegation of misconduct relates—
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> > > > (i) is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the officer, and
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> > > > (ii) is given an opportunity to respond to the allegation, and
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> > > (b) an officer against whom the Secretary is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action.
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> > (4) The Secretary may from time to time amend, revoke or replace the procedural guidelines.
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> > (5) The procedural guidelines as in force from time to time must be made publicly available in such manner as the Secretary thinks appropriate.
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> > (6) The regulations under section 100 may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in those regulations, the regulations prevail.
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> **s 93D:** Ins 2006 No 24, Sch 1.1 \[11\].