Transfer and Promotion for Teaching Service

Overview

Ongoing employees have the opportunity to transfer or promote within the teaching service. This includes movement within and across the different classes of employment and locations (principal class, teacher class and education support class), or from the teaching service to the Victorian Public Service (VPS). To view transfer or promotion opportunities in the teaching service go to School Jobs Vic (formerly Recruitment Online).

This policy provides guidance on:

• permanent transfer or promotion of an ongoing employee
• temporary transfer of an ongoing employee.

Related policies

• Compassionate Transfer — Teaching Service
• Contract of Employment
• Excess Procedures — Teaching Service
• Grievances — Teaching Service
• Higher Duties — Teaching Service
• Leading Teachers and Learning Specialists
• Parental Absence — Teaching Service
• Recruitment in Schools
• Remuneration — Teaching Service
• Suitability for Employment Checks
• Travel and Personal Expenses — Teaching Service
• Victorian Public Sector Employment Principles and Standards

Relevant legislation

• Delegations
• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment

Contact information

• Contact HR

Policy and Guidelines for Transfer and Promotion for Teaching Service

The Transfer and Promotion for Teaching Service Policy and Guidelines contain the following chapters:

• Permanent transfer or promotion - Teaching Service
• Temporary transfer
• Transfer or promotion to the public service
• Suitability for transfer or promotion
• Suitability for child connected work
• Documentation for transfer or promotion
• Administrative transfer of an ongoing position

Permanent transfer or promotion - Teaching Service

Promotion is defined as the permanent movement of an ongoing employee from one position to another position with a higher attainable maximum salary than the employee’s substantive classification.

Transfer is defined as the permanent movement of an ongoing employee from one position to another position with the same or lower attainable maximum salary than the employee’s substantive classification.

Sections 2.4.37 and 2.4.40 of the Education and Training Reform Act 2006 provide that for the purposes of a transfer or promotion to a position within the teaching service, an employee in the public service is to be treated as being an employee in the teaching service.

An employee is only eligible for transfer or promotion where they meet the qualification requirements of the position to which they are being promoted or transferred as set out in Recruitment in Schools. Any transfer or promotion is subject to a suitability for child connected work check being conducted.

Permanent transfer or promotion to a school location

An ongoing employee in the teaching service who is the successful applicant for an ongoing or tenured position (for example, leading teacher, learning specialist or principal class) in a school location will be permanently transferred or promoted to that position subject to satisfying the relevant qualification and other eligibility requirements. An employee who is transferred or promoted to a tenured position will be subject to the applicable tenure renewal policy.

An ongoing employee who is the successful applicant for a fixed term position of more than 12 months (or in the case of a parental absence replacement where the replacement continues beyond 12 months) will be permanently transferred to that school. Provided that where a complete school year, inclusive of all vacation periods, is longer than 12 months, the permanent transfer will not occur.

Transfer to a position at a lower classification level and, or salary or remuneration range can only occur with the employee’s written consent. Where consent is given the employee will be permanently transferred to the lower classification level and, or salary or remuneration range. Salary or remuneration on transfer to the lower level or range will be determined in accordance with the Department’s remuneration policy (refer to Remuneration — Teaching Service under Related topics). Where consent is not given, the transfer of the employee will not proceed.

If the school based fixed term vacancy is at a higher classification or salary range, the employee will be permanently transferred at their substantive classification and salary range and paid higher duties for the duration of the fixed term position. In this case the transfer is provisional and is subject to review and does not have effect pending confirmation.

A transfer or promotion of an ongoing employee is provisional and is subject to review and does not have effect pending confirmation.

Special settings

To be promoted or transferred to an ongoing teacher vacancy in a special setting a teacher must have completed an approved year of study in an appropriate special education discipline. Where there is no suitable qualified candidate, an ongoing employee who does not otherwise satisfy the special setting qualification requirement may be temporarily transferred to the position for up to 3 years. The transfer will become permanent if the employee obtains the relevant qualification within the transfer period or is assessed at the conclusion of the first three-year transfer period by the principal (in respect of positions in special settings) or the Regional Director (in respect of visiting teacher positions) as suitable for ongoing employment in a special setting or as a visiting teacher.

Release timing

An ongoing employee who is permanently transferred will take up the position from the beginning of the next school year or earlier if an agreed start date is negotiated with the employee and their current principal. An employee with priority status who is the successful applicant for a vacancy is expected to commence in the position as early as possible unless otherwise agreed by the employee and the principal of the school with the vacancy.

An ongoing employee who is promoted to a position will take up the position from the advertised commencement date, unless a later commencement date is agreed by the employee and both principals.

Permanent transfer or promotion to a non-school location

An ongoing employee who is the successful applicant for an advertised ongoing or tenured position (for example, leading teacher, learning specialist or principal class) in the teaching service in a non-school department location will be permanently transferred or promoted to that position subject to satisfying the relevant qualification and other eligibility requirements. An employee who is transferred or promoted to a tenured position will be subject to the applicable tenure renewal policy.

Transfer to a position at a lower classification level and, or salary or remuneration range can only occur with the employee’s written consent. Where consent is given the employee will be permanently transferred to the lower classification level and, or salary or remuneration range. Salary or remuneration on transfer to the lower level or range will be determined in accordance with the department’s remuneration policy (refer to Remuneration — Teaching Service under Related topics). Where consent is not given, the transfer of the employee will not proceed.

Where an employee is temporarily released to a department non-school location and that release extends beyond 3 years, the employee will become the ongoing responsibility of the non-school department location that the employee is located at, at the date the employee accepts the assignment that extends the absence from the school location beyond three years. At the conclusion of the assignment the employee will continue to be the responsibility of the non-school location at their substantive teaching service classification and salary remuneration range. Should the employee subsequently become excess to workforce requirements, the procedures for the management of excess staff apply.

For this purpose, the following applies:

• The release must be for a continuous period extending beyond 3 years
• The release does not have to be to the same role or location for this to be effective
• The movement becomes permanent at the point where the offer that extends the release beyond 3 years is accepted
• A break in continuity occurs when employment returns to a school location, with no underlying employment to a position in a non-school location for that period

Release timing

An ongoing employee who is permanently transferred will take up the position from the beginning of the next school year or earlier if an agreed start date is negotiated with the employee and their current principal. An employee with priority status who is the successful applicant for a vacancy is expected to commence in the position as early as possible unless otherwise agreed by the employee and the manager with the vacancy.

An ongoing employee who is promoted to a position will take up the position from the advertised commencement date, unless a later commencement date is agreed by the employee and both principals/managers.

Provisional transfers or promotions

The details of a provisional transfer or promotion, including the closing date for lodging a review, will be available from the day after applicants have been notified through the Recruitment Online system of the selection outcome. The details will be accessible through the Provisional Appointments link on School Jobs Vic for 14 calendar days for all applicants to view and determine their eligibility to seek a review.

A provisional promotion may only be cancelled by the principal before it is confirmed, in the following circumstances:

• at the employee’s request, where the principal is satisfied that special circumstances make it reasonable for the employee to decline the promotion
• where the position is redundant
• where the position was not advertised on School Jobs Vic
• where there is an unattached or an excess employee available to fill the vacancy.

A transfer or promotion is confirmed when the Merit Protection Boards advises either that no review has been lodged or that any review has been resolved.

Parental absence transfers

Where an ongoing employee is the successful applicant for a school based parental absence vacancy and that replacement continues beyond 12 months the employee will be permanently transferred to that school. If the school based fixed term vacancy is at a higher classification or salary range the employee will be permanently transferred at their substantive classification and salary range and paid higher duties for the duration of the fixed term position.

Temporary transfer

School based locations

Where an ongoing employee is the successful applicant for an advertised vacancy of 12 months or less the employee will be temporarily transferred to that position for the period of the vacancy. For the purpose of this policy, '12 months or less' includes circumstances where a complete school year, inclusive of school vacation periods, is longer than 12 months. At the expiration of the fixed period, the employee will return to their original school.

An ongoing employee who is the successful applicant for a fixed term position of more than 12 months (or in the case of a parental absence replacement where the replacement continues beyond 12 months) will be permanently transferred to that school. Provided that where a complete school year, inclusive of all vacation periods, is longer than 12 months, the permanent transfer will not occur.

If the fixed term position is at a higher level the employee will be paid a higher duties allowance for the fixed term period. If the fixed term position is at the same level the employee will be paid their substantive salary. If the fixed term position is at a lower level there is no capacity to temporarily reduce an employee’s substantive level.

Temporary transfer to a lower level position can only occur where the employee consents to reduce their substantive level to the level of the fixed term position. In this case the employee will resume at the base school at the lower substantive level.

Where consent is not given, the transfer of the employee will not proceed.

An ongoing employee currently on leave without pay who is selected for a fixed term position can only take up that position at the expiration of the period of leave or earlier with the approval of the base school principal. In this case consultation between the two principals and the employee involved should occur to ensure that the implications of the temporary transfer are clear. Where approval for an early resumption is given the leave without pay will cease and the employee will be temporarily transferred to the position. At the conclusion of the temporary transfer the employee will resume at their base school. Information about resuming on a temporary basis from parental absence is available at Parental Absence — Teaching Service.

A fixed term employee who has accepted a fixed term position at another school will take up the new position from the advertised date of commencement of the new position or such later date negotiated between the employee and the hiring principal. The new fixed term employment has the effect of terminating the original fixed term employment.

An employee is only eligible for transfer or promotion where they meet the qualification requirements of the position to which they are being promoted or transferred as set out in Recruitment in Schools. Any transfer or promotion is subject to a suitability for child connected work check being conducted.

Release timing

Where an ongoing employee is the successful applicant for an advertised fixed term position at another school, the timing of release will be negotiated between the two principals. Where there is no agreement on the timing of the release, the following will apply:

• Where the release is required in the same year, the principal of the base school may refuse to release the employee where the principal is unable to replace the employee prior to the requested release. Where the position continues into the next school year, release will occur at the commencement of the following year; or
• Where the position was advertised to commence in the next school year, Release will occur at the commencement of the following school year
• For vacancies of 12 months or less, the actual commencement date will need to be negotiated between the respective principals and the successful applicant. The release date should be negotiated to reflect the needs of both schools and the employee and release should not be unreasonably refused.

Where an ongoing employee’s temporary transfer is to be extended (either by appointment to an advertised vacancy or otherwise) the principal of the school must notify the base school principal by 1 November that the transfer is extended. If this does not occur, the employee will return to the base school unless otherwise agreed between the two principals.

Where the principal of the base school does not agree to release the employee, the employee may lodge an application for a personal grievance with the Merit Protection Boards.

Non-school locations

An ongoing teaching service employee who is selected for a fixed term teaching service position of 3 years or less in a non-school department location will be temporarily transferred to that position subject to the base school principal’s agreement to release the employee.

If the fixed term position is at a higher level the employee will be paid a higher duties allowance for the fixed term period. In this case the employee will resume at the base school at the lower substantive level. If the fixed term position is at the same level the employee will be paid their substantive salary.

If the fixed term position is at a lower level there is no capacity to temporarily reduce an employee’s substantive level. Temporary transfer to a lower level position can only occur where the employee consents to permanently reduce their substantive classification to the level of the fixed term position.

For the duration of the temporary transfer, the employee is subject to the terms and conditions of employment that apply to the position.

If the temporary transfer extends beyond 3 years the employee will be permanently transferred to that non-school Department location at their substantive classification and salary or remuneration range. In this case the employee remains in the position until the conclusion of the fixed period. Should the employee subsequently become excess to workforce requirements, the procedures for the management of excess staff apply.

Release timing

Where an ongoing employee is the successful applicant for an advertised fixed term position at a non-school location, the timing of release will be negotiated between the principal and hiring manager. Where there is no agreement on the timing of the release, the following will apply:

• Where the release is required in the same year, the principal of the base school may refuse to release the employee where the principal is unable to replace the employee prior to the requested release. Where the position continues into the next school year, release will occur at the commencement of the following year; or
• Where the position was advertised to commence in the next school year, Release will occur at the commencement of the following school year
• For vacancies of 12 months or less, the actual commencement date will need to be negotiated between the respective principals/managers and the successful applicant. The release date should be negotiated to reflect the needs of both schools/work areas and the employee and release should not be unreasonably refused.

Where an ongoing employee’s temporary transfer is to be extended (either by appointment to an advertised vacancy or otherwise) the manager must notify the base school principal by 1 November that the transfer is extended. If this does not occur, the employee will return to the base school unless otherwise agreed.

Where the principal of the base school does not agree to release the employee, the employee may lodge an application for a personal grievance with the Merit Protection Boards.

John Monash Science School and Centre for Higher Education Studies

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the Science, Mathematics and associated Technology areas at John Monash Science School, will be temporarily transferred to John Monash Science School for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the VCE Extended Investigation and VCE Algorithmics subjects at the Centre for Higher Education Studies (CHES), will be temporarily transferred to CHES for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

Transfer extensions

An ongoing employee, other than an ongoing employee who is the successful applicant for an identified fixed term position at John Monash Science School or the Centre for Higher Education Studies, who is temporarily transferred in response to an advertised fixed term vacancy may be offered one further period of temporary transfer at the same school, without advertisement of the position, provided the base school principal agrees to the further release and the position continues to satisfy the fixed term criteria set out under ‘duration of vacancy’. Where this occurs:

• it can be for the same duration as the initial period of transfer or for any shorter period but not less than 30 working days; and
• the temporary transfer will be extended, and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.

If an ongoing employee is selected for a further advertised fixed term position of 12 months or less at the same school:

• the temporary transfer will be extended and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.

Transfer or promotion to the public service

Temporary assignment - Victorian Public Service

An ongoing employee in the teaching service who is successful for a Victorian Public Service (VPS) fixed term position within the department will be temporarily assigned to perform the duties of that position on teaching service terms and conditions, no less favourable than their substantive position or as set out below:

• Where the VPS position is at a higher salary, the employee will be paid higher duties equivalent to the minimum of the higher salary range.
• Where the VPS position is at an equivalent salary the employee will be paid their substantive salary. Where a manager considers it appropriate, a higher duties allowance of up to five per cent above the substantive salary, may be approved provided the allowance does not exceed the maximum salary range for the position.
• Where the VPS position is at a lower salary, the hiring manager has the option to assign the duties of the position at the employee’s substantive salary or the salary of the position. Where the hiring manager determines that salary for the position will be at the salary of the position (lower salary), and the employee wishes to proceed with the temporary assignment, the employee will be required to seek leave without pay from their position in the teaching service to take up the position and will be offered fixed term employment in the VPS position.

In all cases, release will be subject to the base school principal’s approval.

For all temporary assignments within the teaching service the letter of assignment must clearly outline that the employee’s terms and conditions will be commensurate with the teaching service. Where the employee takes leave without pay to take up a fixed term position in the VPS, their terms and conditions will be as set out in the letter of offer.

The letter of assignment or offer must state whether the school vacation model or corporate leave model will apply.

Where the employee remains a teaching service employee, the employee will be subject to the teaching service performance and development requirements, including the progression cycle for the duration of the assignment. Where the employee has taken leave without pay to accept a fixed term position in the VPS they will be subject to the VPS performance and development requirements, including the progression cycle.

Once the assignment concludes, the employee will resume their substantive position in their base location, on the salary subdivision they would have been on had they not been released, subject to the employee satisfying the eligibility requirements for salary progression.

When on temporary assignment, the employee will accrue annual leave, personal leave and long service leave in accordance with the entitlements of the teaching service. Where the assignment is on a ‘school vacation model’, annual leave will be exhausted during the school vacation periods. Where the assignment is on the ‘corporate leave model’ annual leave will be accrued and taken by application to their manager. On return to a school location, all outstanding annual leave will be exhausted during school vacation periods consistent with the annual leave policy – teaching service.

Where the employee has taken leave without pay from the teaching service to take up a fixed term VPS position, the leave without pay will count as service for personal and long service leave purposes. Any unused annual leave entitlements and allowances the employee accrued in the VPS position will be retained and must be used in accordance with department policy (refer to Annual Leave —Teaching Service). An employee may wish to consider exhausting annual leave accrued during the VPS position prior to returning to the school, subject to the approval of their manager.

Where an employee’s release from their base school (on one or more temporary assignments or fixed term periods of VPS employment) to a department non-school location extends beyond 3 years continuously, the employee will become the ongoing responsibility of the department non-school location that the employee is located at, as at the date the employee accepts the assignment that extends the absence from the school location beyond three years. At the conclusion of the assignment or fixed term VPS employment the employee will return to their substantive teaching service classification and salary remuneration range at the non-school location. Should the work location have a greater number of employees than as necessary as identified in the preferred staffing profile, the procedures set out in the Excess Procedures – Teaching Service apply.

Suitability for transfer or promotion

Prior to a person being transferred or promoted in the teaching service (temporarily or permanently) the principal, as the delegate of the Secretary, must be satisfied that the person:

• is a fit and proper person and is suitable for child-connected work,
• is registered with the Victorian Institute of Teaching (VIT) if employed as an assistant principal or teacher or has permission to teach if employed as a paraprofessional,
• for any other employee, has a current Working with Children Check (WWCC)
• has had a satisfactory criminal records check (where required)
• has sufficient work rights to undertake the position at the school (if they are a visa holder)
• meets the qualification requirements (where relevant) for their classification
• has no employment or re-employment restrictions placed on them.

Suitability for child connected work

Clause10.2(d)(ii) of Ministerial Order 1359 requires schools and school boarding premises to collect and record references that address the person’s suitability for working with children.

To satisfy this requirement, once the selection decision is made, and before any offer of employment is made, the suitability for child connected work check must be undertaken for the preferred candidate, whether that candidate is internal or external to the school or the department. This check is to be conducted prior to other pre-employment and commencement checks. This must occur before any employment, transfer or promotion action is taken.

The principal (or nominee) is required to contact the preferred applicant’s current or immediate past employer as part of the pre-approval process. Where the current or immediate past employer is a school, the principal of that school must be contacted to ensure that if any child safety concerns have previously been raised the principal can access an employee’s file to check this. If the current or immediate past employer is not a school, the employer should be contacted and requested to provide the name of a person who can be contacted to answer the department’s child safety screening questions (where the work involved children).

Where the person does/did not work with children in their current or immediate past employment, the principal or delegate must make reasonable efforts to determine if there are any past employers that could reasonably attest to the persons suitability for child connected work. If no such employer exists or if the person has never worked with children this should be noted on the recruitment records.

The following questions must be asked at a minimum and responses recorded in writing and kept securely. A template form can be found here: Recruitment in Schools: Resources | VIC.GOV.AU | Policy and Advisory Library.

• Question 1: Have you directly observed [applicant’s name] work with children?

• Question 2: During the period that [applicant’s name] worked in your organisation, were there any concerns raised about [applicant’s name] behaviour or conduct when working with a child or children? If yes, were any allegations substantiated and what steps were taken to deal with these concerns?

  Note: such concerns may be in the form of complaints, allegations or disclosures raised in relation to the applicant’s conduct towards children.
  Even if allegations were unsubstantiated, it is important that the hiring principal is aware of those in case supervision and monitoring practices are needed to be implemented to discharge the duty of care owed to students (see below for further details).

• Question 3: Do you have any concerns about [applicant’s name] working directly with children?
• Question 4: Has any disciplinary action been taken against the applicant in relation to inappropriate or unprofessional conduct towards a child?
• Question 5: Were there instances where you had concerns that [applicant’s name] did not always behave with integrity in their employment, such as not dealing with others in an ethical manner, not declaring or managing a conflict of interest appropriately or not dealing with sensitive or confidential information in an appropriate way? If yes, what steps were taken to deal with these concerns? Were these concerns satisfactorily resolved?

The Managing Conduct and Unsatisfactory Performance in the Teaching ServicePolicy provides guidance on information that can be shared by principals during pre-employment child safety checks. The policy confirms that persons providing references or pre-employment checks must be transparent about any allegations of a child safety nature that have been raised about the employee (even unsubstantiated allegations) to enable the prospective employer to put appropriate child safety supervision measures in place to discharge their duty of care and meet obligations under the Child Safe Standards.

Where the suitability for child-connected work questions elicit information about past or present concerns that were either resolved satisfactorily or that did not result in an employment limitation or termination, it is important to afford natural justice to the applicant when making a final selection decision.

Where the principal forms a preliminary view that applicant is not suitable to work with children as a result of the responses provided during the suitability for child connected work check, the principal should discuss their concerns with the applicant and provide them the opportunity to respond. In the event the principal determines the applicant is not suitable for child connected work, no employment offer should be made.

Where the principal determines the applicant is suitable for child connected work, however there are some reservations arising from the information gained during the suitability for child connected work check (e.g. where allegations were unable to be substantiated), the information provided should be recorded. This information can then be used for the purpose of determining and implementing appropriate child safety risk mitigation strategies once the applicant is appointed to the role, such as ongoing monitoring, coaching, support and supervision.

If the principal requires advice on appropriate child safety risk mitigation strategies to implement in these circumstances, they should contact the Conduct and Integrity Division.

Documentation for transfer or promotion

Employees who are selected for promotion or transfer (other than assistant principal positions) are to be provided with written communication setting out the details of the promotion or transfer including:

• classification level and range (where applicable)
• tenure (such as leading teacher and learning specialist positions)
• number of days of attendance during school vacation periods (only for education support class and only where attendance during school vacation periods was specified in the advertisement)
• time fraction
• commencement salary
• commencement date

People and Workplace Relations (schools) Division will prepare a contract of employment offer in respect of assistant principal positions.

Administrative transfer of an ongoing employee

Section 2.4.3(3)(h) of the Education and Training Reform Act 2006 enables the permanent or temporary administrative transfer of an ongoing employee in the teaching service to another position in the teaching service without the position being advertised.

Where a principal considers that there is a clear justification for filling a vacancy without advertisement and the decision to transfer an employee is based on a proper assessment of the employee against the genuine requirements of the duties or role, the administrative transfer can occur provided that the relinquishing principal and the affected employee agree.

The principal must ensure that all suitability for employment requirements have been completed (including the suitability for child-connected work check, to be completed with the relinquishing principal) prior to any transfer occurring.

In exercising this power, the principal must comply with any employment standards issued by the Public Sector Standards Commissioner. Information about the standards is available from the Victorian Public Sector Commission at VPSC Employment Principles and Standards.

The principal should contact the Schools Recruitment Unit on 1800 641 943 or by schools.recruitment@education.vic.gov.au email to give effect to the decision to transfer the employee.

Resources

• Transfers and Promotion Administration Procedures (Word)