Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.54

    (1)     An on-going employee who—

        (a)     is eligible for appointment as a principal in a school; and

S. 2.4.54(1)(b) amended by No. 70/2008 s. 11.

        (b)     considers that in accordance with this section or any Ministerial Order he or she has a better claim to be transferred or promoted to a vacant position of principal in a school (other than as an executive) than the employee provisionally transferred or promoted to that position—

may subject to and in accordance with the regulations apply to a Merit Protection Board for a review of that provisional transfer or promotion.

    (2)     Subject to any Ministerial Order, the only grounds for review of a provisional transfer or promotion are—

        (a)     that the procedures followed by the school council or committee representing the local community (as the case may be) in making a recommendation in relation to whom to employ to fill the vacant position or the manner in which the Secretary took that recommendation into account were not in accordance with the procedures or manner in a Ministerial Order referred to in section 2.4.6; or

        (b)     that the provisional transfer or promotion is manifestly inconsistent with the evidence of the nature of the vacant position or the school in which the vacancy occurs or of the qualifications and experience of the applicant and the employee provisionally transferred or promoted.

    (3)     A Merit Protection Board must review the provisional transfer or promotion and may—

        (a)     if it is satisfied that the grounds for review have been established, make an order requiring the Secretary and if applicable the school council or committee (as the case may be) to reconsider the provisional transfer or promotion; or

        (b)     make an order that the provisional transfer or promotion may be confirmed.

    (4)     If, after an order under subsection (3)(a) has been complied with, the Secretary makes the same decision as to whom to employ to the vacant position, a Merit Protection Board must further review the provisional transfer or promotion and may—

        (a)     if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or promotion, make an order requiring the vacant office to be advertised again; or

        (b)     make an order that the provisional transfer or promotion may be confirmed.