1. Introduction

The Staffing Procedure for the Teaching Service in NSW Public Schools (the Staffing Procedure) describes the requirements to recruit, promote or transfer teaching service staff in NSW public schools and is in accordance with the requirements of the Department of Education and the NSW Teachers Federation on the Staffing of NSW Public Schools 2024-2029 (the Staffing Agreement).

The procedure describes how the Staffing Agreement must be implemented by principals, directors or their delegates in filling teaching service positions in NSW public schools and may be updated and amended from time to time in accordance with operational system changes, or changes to the Staffing Agreement, government policy and legislation, or the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022.

2. Audience and Application

The procedure applies to vacant permanent teacher positions in NSW public schools; defined as teacher (including school counsellors, teacher librarians, careers advisors, learning and support teachers and itinerant teachers), executive (assistant principals, head teachers, senior psychologist education, deputy principals, leader, psychology practice) and principal positions.

The procedure applies to principals, Directors Educational Leadership and their delegates and the relevant School Workforce recruitment teams who may be responsible for these activities. The procedure will apply from the start of Term 2, 2024 to the end of Term 4 2028 summer school holidays (that is, 28 January 2029).

This procedure rescinds and replaces all previous versions of any document titled Staffing Procedure for the Teaching Service in NSW Public Schools, including the most recent version, dated 16 August 2021.

3. Responsibilities and Delegations

The NSW Department of Education (the department) will maintain this procedure and oversee ongoing compliance.

Principals, Directors, Educational Leadership and their delegates and the relevant School Workforce recruitment teams will comply with the procedure for all activities to recruit, promote and transfer members of the teaching service to teacher positions within NSW public schools.

Members of the teaching service will follow the procedure when applying for recruitment, promotion or transfer to a teacher, executive or principal position in NSW public schools.

4. NSW Teaching Service Staffing Procedure

4.1 Staffing Principles

4.1.1 Staffing cycle

The department staffs NSW public schools throughout the annual staffing operation period, starting Day 1, Term 1 and ending on the last day of the Term 4 vacation period, prior to the commencement of the new school year.

Entry on duty

Where a current permanent teacher is appointed to a new permanent position under this procedure, they generally will begin duty in the new position at the start of either Term 1 or Term 2 (whichever is the closest) unless otherwise negotiated and agreed by the current principal, the receiving principal, where relevant the Director, Educational Leadership or delegated authority and the teacher in question. Any agreed variation to the entry on duty of a current permanent teacher to a new permanent position must be recorded in writing, with all parties included.

However, where the current permanent teacher is being appointed to a new permanent position via nominated transfer (that is, where the teacher is above establishment), the entry on duty date should occur as soon as possible, taking account of any impacts on continuity of student learning, unless there are extenuating circumstances. Where the appointment of a teacher by nominated transfer will impact the temporary engagement of a temporary teacher, a minimum 4 school week notice period will apply.

Where the appointment relates to a scholarship holder, a targeted graduate or an applicant from the employment list, the entry on duty date will typically be the commencement of the next school term, unless otherwise negotiated and agreed by all parties. Where the appointment of a scholarship holder, targeted graduate or applicant from the employment list will impact an existing temporary engagement, a minimum 4 school week notice period will apply.

Variations to entry on duty dates may also apply to the appointment of teachers to new schools prior to the official opening date. This will be case managed by the relevant recruitment team in consultation with the principal of the new school.

4.1.2 Centrally Identified Positions

The department provides every school with a centrally identified staffing entitlement (teacher, executive and principal) based on student enrolment numbers. The staffing entitlement establishes the number and type of Centrally Identified Positions (CIPs) the department will fund at each school. Staffing entitlements are established in accordance with the NSW Department of Education Teacher Staffing Entitlements, available in OMSEE.

The department recognises that permanent employment is a key recruitment and retention incentive for teaching in NSW public schools. Centrally identified positions; full time and part time, are permanent positions and, as such, will be filled on a permanent basis.

When a centrally identified vacancy occurs, the principal is required to act within 4 school weeks, typically to fill on a permanent basis. On some occasions, based on the genuine needs of students and local workforce planning, a principal may determine it best to fill a permanent vacancy on a temporary basis for a limited period of up to 4 school terms.

In accordance with Clause 7.1 of the Staffing Agreement, a vacant centrally identified position may only be filled on a temporary basis when one or more of the following conditions are met:

• the enrolments at the school have been and/or are projected to decline;
• the enrolments at the school have been fluctuating;
• the curriculum offerings at a secondary or central school are changing and/or some subjects have been and/or are expected to decline;
• part-time positions are required to target specific whole of school programs which are intended to occur for no more than two (2) years and with approval required on an annual basis.

Where a school engages a temporary teacher to fill a centrally identified position, the principal must certify that the engagement complies with one or more of the reasons listed above and provide a brief supporting statement. These requests are made in OMSEE.

Where a principal requests to fill a permanent position on a temporary basis, the request will first be considered by the Director, Educational Leadership. The Director, Educational Leadership will either endorse or decline the request.

All endorsed requests will then be considered by the central panel consisting of senior officers of School Workforce and Public Schools which meets three times per term for the purposes of approving or declining endorsed requests and other matters.

The department and NSW Teachers Federation monitors temporary appointments to centrally identified positions on a regular and ongoing basis as part of the Joint Monitoring Review Committee, which meets on a quarterly basis.

4.1.3 Above Centrally Identified Positions

Under the Resource Allocation Model (RAM) schools have a wider discretion to allocate additional funding to establish permanent positions above the school’s centrally identified staffing entitlement to meet the needs of the school.

Consistent with the Principles for Determining the Mix of Staff in Schools, a principal may make a local decision to utilise additional funding provided above the school’s centrally identified staffing establishment to create additional positions for filling by permanent appointment.

To give school principals clear guidance on the procedures for staffing Above Centrally Identified Positions, the department has produced a Procedure for Determining the Mix of Staff in NSW Public Schools.

Applications to establish such positions should take into account that funding sources, such as equity loadings to meet the additional needs of identified students, may vary over time. Flexible funding for all costs associated with the permanent ACIP should be reasonably expected to continue for at least the next three years.

An Above Centrally Identified Position (ACIP) may be established on a permanent basis:

• through application by the principal;
• after consultation with the school community; and
• with the approval of the director, educational leadership.
• In determining the case for a permanent position, consideration should be given to:
• the amount and continuity of funding;
• the ongoing requirement for the role; and

The principal will be able to choose the selection method to fill the permanent position from the range of recruitment methods described in this procedure.

If the permanent position is at executive level, the role description must include general selection criteria relevant to the position level, in addition to any specific criteria determined by the school. This will provide relative status at the executive level in the state-wide teaching service.

If after three years a decision is made to disestablish an ACIP role, whether due to changes in available funds or if the role is no longer required, or if there has been a significant and unexpected change to the school’s flexible funding within the three years which requires the early disestablishment of the role, the school will be required to continue to fund the position until such time as the teacher is appointed to another school via nominated transfer.

4.1.4 Longer Term Temporary Appointments

Temporary teachers are defined as persons employed in one engagement full time for four weeks or more or in one engagement for one to four days per week for two terms or more. Temporary engagements can generally only occur within a school year and be for a maximum of a school year.

A longer-term temporary engagement of up to three (3) years can be offered to fill a vacant position where:

• a permanent teacher will be absent from the school and has right of return to the position; or
• the position is above the centrally identified staffing establishment.
• Should circumstances change, for example:
• the substantive teacher decides to return to their position before the originally planned time;
• the program to which the substantive teacher was engaged does not continue; or
• school enrolments require a reduction in staff that could be offset by the placing of a permanent teacher against the leave vacancy;

then normal early cessation conditions such as four weeks’ notice apply.

The temporary engagement will match the length of time that the position is temporarily vacant.

4.1.5 Qualifications and Essential Requirements

All Teachers in NSW public schools must hold qualifications that meet the requirements of the NSW Education Standards Authority (NESA) and the provisions of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor.

Teachers must demonstrate a level of professional expertise consistent with the Australian Professional Standards for Teachers and hold accreditation with NESA as required. A condition of NESA accreditation and employment in NSW public schools is that a teacher must also possess a current Working with Children Check (WWCC).

Teachers must also meet the following essential requirements:

• understand and be sensitive to the needs of Aboriginal and Torres Strait Islander students and students from non-English speaking backgrounds;
• understand the educational needs of students from low socio-economic status communities and schools in isolated rural locations;
• understand the educational needs of gifted and talented students;
• be aware of gender equity issues; and
• be able to integrate technology into effective classroom practice.

4.1.6 Approved to Teach

The department maintains an Approved to Teach list, which establishes a candidate’s eligibility to be considered for employment as a teacher in a NSW public school. Candidates apply to the Teacher Approvals team for approval to teach and are evaluated based on qualification/s and essential requirements. Teachers must be on the approved to teach list in order to be considered for permanent appointment to a teacher position or temporary or casual employment as a teacher in a NSW public school.

Through the Teacher Employment Priority Scheme (TEPS), teachers on the Approved to Teach list will have their priority date for permanent employment enhanced for every 50 days of casual or temporary teaching service in NSW public schools. Temporary teaching undertaken in schools with 2, 4, 6 or 8 transfer points will result in a greater enhancement of the teacher’s priority date.

4.1.7 Staffing Codes

The department appoints teachers based on their current staffing codes. For the purposes of permanent appointment, staffing codes identify subject/teaching area qualifications and teaching skills based on verified experience, position level and areas of responsibility (Appendix 1 – Staffing Codes).

Staffing codes used for matching appointments to vacant positions must align to timetabled school offerings and student/school current and/or demonstrated future needs to ensure transparency in the matching process.

When declaring vacant positions principals can utilise a maximum of four (4) subject/teaching area staffing codes. Where there is a justifiable need in the school’s timetable for cross-faculty key learning area staffing codes and/or specialist codes, such as secondary technological and applied studies positions, positions in Central schools, and/or positions in special education settings, a principal may seek approval from School Recruitment and Placement to utilise up to five (5) subject/teaching area staffing codes.

If a match cannot be made at Step 1 based on the approved subject/teaching area staffing codes submitted, the principal will be required to select from the combinations of staffing codes which result in a Step 1 match on all but one of the submitted staffing codes. This same process also applies to Step 2 matches for vacant positions based on all staffing codes submitted.

Where more than one teacher can be matched to the vacancy after the removal of one of the required subject/teaching area staffing codes, the principal will choose the most appropriate subject/teaching area staffing code to be removed still ensuring a Step 1 or 2 match based on the requirements.

Staffing codes used in declaring vacancies will be monitored by School Recruitment and Placement and reported to the Joint Monitoring and Review Committee each term.

Teachers will be appointed on Approved to Teach subject / teaching area staffing codes.

Approved means approved by the Department on the basis of qualifications or recognised and verified experience. Teachers can be required to teach any subject/teaching areas which they are approved to teach.

Willing to Teach means whilst the teacher is not approved in the subject/teaching area, they are prepared to teach that subject/teaching area, willing to do so if requested by a principal and are confident that they can do so with an acceptable level of success. Failure to do so may render the application invalid and lead to withdrawal of an appointment.

The department and the NSW Teachers Federation will, as required, review subject/teaching area staffing codes to ensure currency and alignment with the NESA Curriculum and current key learning areas.

Teachers employed on a permanent or temporary basis in a NSW public school may submit applications for new staffing codes through the employee self-service (ESS) function accessible via the Staff Portal.

All other teachers may apply to add new staffing codes by sending an email with supporting documentation to Teacher Approvals at additional.approval@det.nsw.edu.au

Staffing codes are categorised as primary (preschool to Year 6) and secondary (Years 7 to 12). Teachers are approved in individual subject/teaching areas according to their teaching methodology. Staffing codes for specialist education settings can be selected from either category (primary or secondary) to provide teachers appropriate to the student age profile and curriculum of the school.

Schools may request a teacher approved in a different level of schooling if required. For example, a secondary school may require a primary teacher to teach students in Years 7 and 8, or a primary school may require a secondary teacher to conduct a particular program. Where a teacher is appointed in these circumstances, any future movement by transfer will continue to be based on approved to teach codes only.

4.1.8 Extended Hours of Educational Delivery

Where the Department establishes a new school, re-purposes an existing school or establishes a specialist school such as a virtual high school, provision for the timetabling of classes beyond the core hours of operation of a school and for teachers to work within those extended hours may be made provided that the overall hours of duty of teachers shall not be exceeded.

Such provision is to be made in accordance with the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2022 or its successor.

Consideration is to be given to equity, gender and family issues involved in any proposal to implement flexible hours.

The Department will continue to trial and review pilots on flexible work organisation in schools arising from strategies that aim to enhance public education, with appropriate consultation.

4.1.9 Staffing of Multi-Campus Colleges

A multi-campus college is a secondary school which includes campuses at several different locations overseen by a single College Principal. Multi-campus colleges are staffed according to these procedures (Appendix 4 - Staffing Multi-Campus Colleges).

4.2 Staffing Methods

The Department uses two (2) staffing methods to fill vacant positions on a permanent basis:

1. Central Appointment
2. Local Choice

In the first instance the Central Appointment process is utilised to recruit for vacancies and maintain curriculum consistency across schools. The Central Appointment process ensures security in teacher employment and provides career mobility.

Where a vacancy is not recruited via the Central Appointment process the Local Choice option is applied. Local Choice allows schools flexibility to choose how they select teachers who best meet the local needs of the school.

Teachers appointed to a school based position may be eligible for compensation as prescribed by the Transferred Officers' Compensation Determination No 1 of 2001.

All appointments are subject to the teacher, at the time of appointment:

• being able to fulfil the inherent requirements of the role; and
• in the case of an existing employee, demonstrating satisfactory performance.

4.2.1 Central Appointments

For all vacancies, a series of central appointment types will be reviewed to identify a suitable applicant to appoint to the position. Consideration of applicants in each appointment type will be considered in the specific order outlined below.

4.2.1.1 Filling Classroom Teacher vacancies

In accordance with Clause 3 of the Staffing Agreement, the Department can appoint permanent teachers through a Central Appointment method, in the following explicit order:

Step 1 candidates (based only on approved to teach codes)

i) Section 51A (non-compassionate) or Part 4A appointments required under the Teaching Service Act 1980

ii) Incentive transfer applicant

iii) Aboriginal and Torres Strait Islander employment applicants

iv) Approved Section 51A transfer (compassionate) applicant

v) Teacher appointed permanently at the school through the 2023 Temporary Workforce Transition initiative

vi) Nominated transfer applicant

vii) Transfer of Aboriginal and Torres Strait Islander teacher or a teacher from a special education setting

viii) Service transfer applicant (including regression by service transfer or permanent part-time teachers seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated)

ix) A permanent teacher appointed to an equivalent ACIP at the school, regardless of the service of the teacher in the ACIP

x) Where they are not otherwise eligible for a service transfer, a permanent part-time teacher appointed to the school seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated

Step 2 candidates

i) Scholarship holders/sponsored teacher and targeted graduate teacher (via the graduate recruitment program), prioritising high performing graduates (matched only on approved to teach codes)

ii) Approved to teach (employment) list, with priority status for eligible temporary teachers in 4, 6 and 8 transfer point schools, only for the school in which they are currently working (matched on approved to teach and willing to teach codes)

4.2.1.2 Filling Executive vacancies

Step 1 candidates

i) Section 51A (non-compassionate) or Part 4A appointment required under the Teaching Service Act 1980

ii) Incentive transfer applicant

iii) Approved Section 51A transfer (compassionate) applicant

iv) Nominated transfer applicant

v) Aboriginal or Torres Strait Islander executive teacher transfer applicant or a special education settings executive transfer applicant

vi) Executive Service transfer applicant* (including regression executive service transfer to a lower-level executive and permanent part time executive teacher appointed to the school seeking an increase to a permanent full-time position and/or an increase to the FTE of their permanent part-time position where this can be operationally accommodated)

vii) A permanent executive teacher appointed to an equivalent ACIP position at the school

4.2.1.3 Filling Principal vacancies

Step 1 candidates

i) Section 51A (non-compassionate) or Part 4A appointment required under the Teaching Service Act 1980

ii) Incentive transfer applicant

iii) Approved Section 51A transfer (compassionate) applicant

iv) Nominated transfer applicant

v) Aboriginal or Torres Strait Islander principal transfer applicant or a special education settings principal transfer applicant

To be eligible for a central appointment transfer, permanent teachers must apply through the department’s employee self-service system (ESS) (Appendix 2 – Transfer System, C. Applying for a Transfer).

Transfer applications, while needing review or recertification on a two-yearly basis, remain active until they are actioned or withdrawn (see notes below). It is the responsibility of the teacher to check and maintain their transfer/employment preferences and application status. If individual circumstances mean that a candidate cannot accept a central appointment at the present time, they should withdraw (make inactive) their application until their circumstances are conducive to an appointment.

Central appointment candidates who are permanent employees moving by transfer, or who are sponsored by the department at the time of the appointment must take up the appointment as notified. Unless there are exceptional and compelling reasons which establish that a teacher or executive teacher cannot accept an appointment by a service-based transfer, should a teacher refuse a service-based transfer appointment, the department will withdraw the transfer and the teacher will not be considered eligible for another service-based transfer for a period of up to two years.

Aboriginal and Torres Strait Islander employment applicants are made an offer of employment, which they may accept or decline.

Graduate/pre-service teachers are made an offer of employment. Where a graduates/preservice teacher declines an offer of permanent employment, their priority date will be reset to the date after completion of studies, if the offer is made and rejected before the preservice teacher completed their studies.

Candidates on the approved to teach list will be given the opportunity to express their interest in vacant classroom positions which match their approved to teach and willing to teach codes, and the schools they are seeking to be matched to. Where such a candidate, having indicated they wished to be appointed to that position subsequently declines it, or does not take up the central appointment, they will have their priority date reset to the date they subsequently declined the appointment*, unless a written submission for exceptional and compelling circumstances is approved by the relevant Manager, School Recruitment and Placement.

4.2.2 Types of Central Appointment

i. Incentive Transfer

The Department provides higher incentive transfer point ratings to harder to staff schools, typically in rural and remote areas of NSW. Permanent teachers who complete a minimum required period of service in 4, 6 and 8 point incentive schools or Connected Communities Schools can apply for Incentive Transfer to another school (Appendix 2 – Transfer System, B. Schools Attracting Incentive Transfer Benefits).

Where a vacancy arises in a school and an incentive transfer applicant matches the required approved to teach codes, Teacher Recruitment will appoint that candidate as a priority appointment. During recruitment, incentive transfer candidates are matched on approved subject/teaching area staffing codes only for teachers and area of responsibility staffing code for executive (where relevant).

Teaching partners, who are permanently employed as a teacher, of teachers, executives and principals appointed to, or on incentive transfer out of an incentive transfer benefit school are eligible to be transferred under Section 51A, transfer on compassionate grounds. Transfer of teaching partners depends on a suitable vacant position being available.

*Special Provision for Principals eligible for incentive transfer

A principal who is eligible for an incentive transfer may apply for consideration to also be matched to principal vacancies at one principal classification level above their current substantive position.

Following endorsement from their Director Educational Leadership and approval from the relevant Executive Director, Public Schools, the principal will then be considered for a transfer either at their current principal classification and/or at a classification which is one level higher. A principal with this approval may wish to only be considered for higher classification positions or can choose to have both classifications considered. Further, if a principal is not approved for the higher classification, they will continue to be eligible for an incentive transfer at their substantive level.

When considering incentive transfer matches, a principal who is already at the classification of the vacancy will take precedence over a principal approved for ‘one level up’.

ii. Aboriginal and Torres Strait Islander employment applicants

The Department provides incentives for Aboriginal and Torres Strait Islander teachers to work in NSW public schools. This is consistent with and supports the Department’s objectives to make the Department an employer of choice for Aboriginal and Torres Strait Islander peoples and increase the diversity of our workforce to better engage and partner with communities across NSW.

Where a vacancy arises in a school and an Aboriginal and Torres Strait Islander employment applicant matches the required codes, Teacher Recruitment will appoint that candidate as a priority appointment. Aboriginal and Torres Strait Islander employment applicants are matched on approved to teach subject/teaching area staffing codes only.

Aboriginal and Torres Strait Islander employment applicants are identified from the Department’s centrally managed Approved to Teach list. Eligibility for Aboriginal and Torres Strait Islander employment applicant status is based on the three-tiered criteria used by the NSW Government and as defined by the Aboriginal Land Rights Act 1983 (NSW), section 3:

Aboriginal person means a person who:

(a) is a member of the Aboriginal race of Australia, and

(b) identifies as an Aboriginal person, and

(c) is accepted by the Aboriginal community as an Aboriginal person.

Appointments of Aboriginal and Torres Strait Islander employment applicants are case managed by the Aboriginal Employment team, School Workforce Directorate. This case managed approach ensures that Aboriginal and Torres Strait Islander teachers are appointed to permanent positions that are culturally appropriate.

iii. Approved Section 51A transfer (compassionate)

Compassionate transfers are managed under s51A of the Teaching Service Act 1980 on a case-by-case basis.

Where teachers, executives and principals have exceptional and/or compelling circumstances requiring transfer from their current school, an application for a Section 51A Transfer on Compassionate Grounds can be submitted via their principal to the local Director, Educational Leadership. In the case of principals seeking a Section 51A Transfer on Compassionate Grounds, the application is made directly to the local Director, Educational Leadership. Delegated authority for approval of Section 51A Transfer on Compassionate Grounds rests with the relevant Executive Director, School Performance.

On lodgement, an application will be considered as a matter of priority and will remain active unless the circumstances which led to the application alter or at review the application is not re-approved. Applicants must notify the Director, Educational Leadership, if their circumstances change or if they wish the application to be withdrawn. Section 51A Compassionate Transfer Guidelines provide information on the review process for Section 51A Transfer on Compassionate Grounds applications.

An application for Section 51A Transfer on Compassionate Grounds will be approved only on the basis of exceptional and/or compelling circumstances, which can include where a teacher is permanently unable to return to their school based on medical restrictions which are accepted by the department. Applications must contain substantiated grounds and supporting documentation. These circumstances need to justify not only the request to move from the school to which the teacher, executive staff member or principal is presently appointed, but also the reasons for requesting the schools to which the teacher, executive staff member or principal is seeking transfer.

A principal or executive who is seeking a transfer regression to a lower level position and who does not have the required service to do so as a service transfer may seek such a transfer via a compassionate transfer application.

Each case is to be assessed individually and supporting evidence weighted to arrive at a considered determination as to whether the case meets the threshold of exceptional and/or compelling circumstances. Where the application is approved, the Teacher Recruitment team will work with the Director, Educational Leadership, to case manage the transfer. In the event a transfer has not been made within two years, the application will be reviewed to confirm it is still required.

Where a teacher is eligible for any other transfer type, it is recommended that they also lodge a transfer application for that transfer type (if not already done so). This will enable the teacher to continue to be considered at the appropriate central appointment step should a suitable vacancy arise prior to an outcome on their Section 51A Transfer on Compassionate Grounds application.

iv. Teacher appointed permanently at the school through the 2023 Temporary Workforce Transition (TWT) initiative

Teachers permanently appointed to the school through the 2023 TWT initiative, and who continue to be in a TWT initiative position, will be considered for appointment to a Centrally Identified position vacancy at the school of appointment when a permanent vacancy occurs, as detailed at 4.2.1. The mechanism to appoint a permanent teacher initially appointed to the school under the 2023 TWT initiative will operate for a period not exceeding the last day of Term 4 2026 (ie. 17 December 2026).

Where there are two or more permanent teachers initially appointed to the school through the TWT initiative who match the approved to teach subject/teaching area staffing codes of the vacancy, the teacher with the oldest priority date at the time of their TWT initiative permanent appointment will be placed into the vacancy.

v. Nominated Transfer

Permanency is a key recruitment and retention incentive for teaching in NSW public schools. Permanent Teachers with nominated transfer status retain permanent employment in the state-wide Teaching Service.

Where a vacancy arises in a school and a nominated transfer applicant matches the required codes, Teacher Recruitment will appoint that candidate as a priority appointment. During recruitment, nominated transfer Teacher candidates are matched on subject/teaching area staffing codes only and executive will be matched on the area of responsibility staffing code and executive level.

Teachers receive nominated transfer status* where the teaching service position they hold substantively is affected by:

• school closure, amalgamation or reclassification;
• reduction in student numbers;
• changed curriculum needs.

* not applicable to P1-P5 principals except where their school falls below P1 or ceases to operate. This means that a non-teaching principal cannot change to a teaching principal or associate principal unless they elect to remain at the school which will result in a lower salary.

Permanent teachers who hold a temporary non-school based teaching service (NSBTS) role who formerly held a permanent position as a teacher in the department, but no longer have right of return to a school teacher position, are required to submit a nominated transfer through the Online Transfer System, the earlier of two terms before the end date of their non-school based temporary appointment or as soon as they are aware of their non-school based appointment will be ceasing, unless they have received an appointment on merit to a permanent position within the department.

Teacher Recruitment will appoint nominated transfer candidates to the nearest suitable vacancy within approximately one hour from their current residential address, as recorded in SAP at the time of submitting their transfer*, as per the chosen nominated default staffing areas for nominated transfer purposes. Teachers returning from a non-school based position will be appointed to the nearest suitable vacancy within approximately one hour from their residential address as recorded in SAP at the time of submitting their nominated transfer*, or within an hour of their last school based permanent appointment, as per the chosen nominated default school areas for nominated transfer purposes.

* The department will require a teacher to provide documentary evidence (such as driver’s license, utility bill, rates notice etc) verifying they are living at the address recorded in SAP if the commuting time from that address to their current school exceeds one hour and/or there has been a recent change of address submitted by the teacher coinciding with their nominated transfer being submitted.

While they may be appointed to any school which matches the parameters outlined above, teachers with nominated transfer status can notify specific school preferences (school name and school code) within their default staffing area to Teacher Recruitment at TeacherRecruitment@det.nsw.edu.au. If the Teacher wants to be reappointed to their current school if a vacancy occurs, they must ensure the current school is listed as their first employment preference by advising Teacher Recruitment at TeacherRecruitment@det.nsw.edu.au

If no suitable position is immediately available, Teacher Recruitment will place a nominated transfer candidate in a temporary vacancy or above establishment position.

Teachers with nominated transfer status can also apply for other transfer types for which they are eligible where they have met the service period requirements. Teachers with nominated transfer status are deemed to have continuity of service from the school of nomination when considering the service period eligibility required for the transfer type involved. When calculating transfer points, they are credited full points for the school they are nominated from and the school they are appointed to.

vi. Priority Transfer of Aboriginal and Torres Strait Islander teachers

In addition to the priority employment of Aboriginal and Torres Strait Islander teachers, the Department also supports Aboriginal and Torres Strait Islander teachers, executive and principals with priority transfer status.

Aboriginal and Torres Strait Islander teachers, executive or principals who have undertaken relevant service in their current permanent school-based position can apply for an Aboriginal and Torres Strait Islander teacher, executive or principal transfer.

Teachers must serve at least three years in their current school from the time of entry on duty to their current position, to the time of entry on duty to a new position at another school.

Teachers who are appointed to non-school based teaching positions will be considered to have continuity of service for the purpose of transfer eligibility requirements to lodge a transfer.

Aboriginal and Torres Strait Islander executive and principals must serve at least three years in their current school, at the current level, to be eligible for a priority transfer.

In instances where a teacher enters on duty in a school on or before Day 1, Term 2, that year counts as a full year of service in that school.

vii. Priority Transfer of teachers from a special education setting

Teachers who have served at least three years in a specialist educational setting listed below can apply for transfer to the nearest suitable vacancy.

• Education Training Unit (ETU) in a juvenile justice centre;
• Special schools/units/tutorial programs for students with behaviour difficulties;
• Classes for students with behaviour difficulties, emotional disturbance or autism;
• Special schools and classes for students with mild, moderate and severe intellectual disabilities;
• Special schools and classes for students with physical disabilities, and hearing or vision impairment.

viii. Service Transfer, including:

• regression by service transfer,
• a permanent part-time teacher appointed to the school seeking an increase to a permanent full-time position, and/or
• a permanent part-time teacher appointed to the school seeking an increase to the FTE of their permanent part-time position where this can be operationally accommodated.
  

Teachers and school counsellors who have served at least three years in their current permanent school-based position can apply for a service transfer.

Teachers must serve at least three years in their current school from the time of entry on duty to their current position, to the time of entry on duty to a new position at another school.

Teachers who are appointed to non-school based teaching positions will be considered to have continuity of service for the purpose of service eligibility requirements to lodge a service transfer.

A principal or executive who has served at least three years in their current permanent principal or executive position may seek a transfer to a classroom teacher position (regression) as a service transfer.

In instances where a teacher enters on duty in a school on or before Day 1, Term 2, that year counts as a full year of service in that school.

ix. Executive service transfer applicant, including:

• regression service transfer to a lower-level executive,
• a permanent part-time executive teacher appointed to the school seeking an increase to a permanent full-time position, and/or
• a permanent part-time executive teacher appointed to the school seeking an increase to the FTE of their permanent part-time position where this can be operationally accommodated.

Executive teachers (including Senior Psychologist Education and Leader, Psychology Practice) who have served at least four years in their current permanent school-based position can apply for Executive Service Transfer.

Executive teachers must serve at least four years in their current school from the time of entry on duty to their current position, to the time of entry on duty to a new position at another school.

Executive teachers who are appointed to non-school based teaching positions will be considered to have continuity of service for the purpose of service eligibility requirements to be able to apply for executive service transfer.

A principal or deputy principal who has served at least four years in their current permanent principal or deputy principal position may seek a transfer to a lower level executive position (regression) as an executive service transfer.

In instances where an executive teacher enters on duty in a school on or before Day 1, Term 2, that year counts as a full year of service in that school.

x. Scholarship holders/sponsored teachers

The Department is committed to maintaining a diverse and dynamic workforce and ensuring that quality teachers are attracted and retained for the benefit of all students in NSW Public Schools. The Department offers targeted employment programs to support these commitments, for example teacher education scholarships, rural and remote scholarships, science, technology, engineering and mathematics (STEM) scholarships, school counsellor in training scholarships, sponsored training (retraining) programs, and special education sponsorships.

In addition, the Department identifies high performing pre-service teachers under the graduate recruitment program in their final 12 months of study, targeting them up to 12 months prior to completion of their studies for early appointment in a NSW public school in an initial appointment area.

Further information on the Department’s scholarship and sponsorship programs is available at https://education.nsw.gov.au/teach-nsw.

xi. Targeted graduate teachers (via the graduate recruitment program), prioritising high performing graduates (approved to teach codes only)

The Department runs a Graduate Employment Program to recruit outstanding graduates to become Teachers in NSW Public Schools.

A high performing graduate may be identified for an early priority appointment to an initial appointment area up to 12 months prior to the completion of studies. Any graduate targeted for such an appointment will be required to have met all course requirements and all elements of the approval process prior to the permanent appointment being finalised.

To facilitate appointment of Graduates, only approved subject/teaching area codes are used to match them to positions.

xii. Approved to teach (employment) list, with priority status for eligible temporary teachers in 4, 6 and 8 transfer point schools only

The NSW Department of Education recognises the important contribution of temporary and casual teachers in maintaining a high-standard of education for all students in NSW public schools. The Department maintains an Approved to Teach list, which establishes a candidate’s eligibility to be considered for employment as a Teacher in a NSW Public School. Candidates apply to the Teacher Approvals team for approval to teach and are evaluated on the basis of qualification/s and essential requirements.

Generally, approved to teach candidates will be provided an opportunity to express interest in matching vacancies at Step 2. A candidate is not obliged to express interest, however an expression of interest will be considered a genuine intent of the applicant to accept the offer of permanent employment if it is made.

When matching a vacancy at Step 2, the approved to teach candidate, who has an active permanent employment application:

• matches all the subject/teaching areas (approved and willing to teach) and has listed the school as one of their employment preferences; and
• has the highest priority date,

will be considered for the permanent vacancy.

In the following circumstances, a temporary teacher already engaged in the school who expresses interest in being appointed to the vacant position will be prioritised for the permanent appointment:

• in a 4 transfer point school, where the teacher matches the approved to teach codes AND has undertaken at least two (2) years of continuous service* as a temporary teacher;
• in a 6 or 8 transfer point school, where the teacher matches the approved to teach codes AND has undertaken at least one (1) year of continuous service*;

In all cases, an offer of employment to a teacher on the approved to teach list is contingent on that teacher holding full approval to teach, and otherwise eligible for permanent employment.

Candidates on the approved to teach list who accept and then do not take up an offer of permanent appointment will have their priority date reset to the date they decline the appointment*, unless a written submission for exceptional and compelling circumstances is approved by the Manager, Teacher Recruitment.

4.2.4 Exemption from Central Appointment

i) Limited access to Local Choice

Where the last five vacancies at any level at a school were filled by central appointment, the Principal (or Director Educational Leadership if the next vacancy is the principal position) will be provided an exemption from the central appointment for their next vacancy. Teacher Recruitment will confirm eligibility for exemption and facilitate a Local Choice for the next recruitment action. The local choice can be from any of the recruitment options available under the Staffing Agreement, including central appointments under Step 1 and Step 2 of clause 3 of the Staffing Agreement if desired.

ii) Staffing of Connected Communities Schools

The Department has recognised Connected Communities schools as unique settings for the purpose of filling vacant Executive and Teacher positions. This is in recognition of the importance of including the local community, as represented by the local Aboriginal Education Consultative Group in all permanent recruitment decisions in the school.

All vacant Executive and Teacher positions at Connected Communities Schools to be filled on a permanent basis will be filled in accordance with the steps outlined within the Staffing Agreement, however, any central appointment matches will be required to undertake a local suitability assessment before confirming the appointment.

A candidate matched centrally for a vacancy in a Connected Communities school is not obliged to proceed with the appointment if they do not wish to participate in the local suitability assessment and can withdraw without prejudice or penalty.

Executive Principals of Connected Communities Schools will conduct an interview of the matched candidate/s with a local nominated NSW Aboriginal Education Consultative Group (AECG) panel member and confirm candidate suitability prior to appointment.

Executive Principal appointments in Connected Communities schools are temporary appointments, and are filled via an open merit process.

iii) Staffing of Residential Agricultural High Schools

The Department recognises that employment in Residential Agricultural High Schools brings with it specific working conditions. All vacant permanent Principal, Executive and Teacher positions at Residential Agricultural High schools will be filled in accordance with the steps outlined within the Staffing Agreement, however, any central appointment matches will be informed of the Special Conditions Covering Teachers at Residential Agricultural High Schools as outlined in schedule 11 of the Award before confirming the appointment.

A candidate matched centrally for a vacancy in a Residential Agricultural High School is not obliged to proceed with the appointment if they do not wish to and can withdraw without prejudice or penalty.

4.2.5 Local Choice

The Department also appoints teachers through Local Choice appointments. Candidates selected under Local Choice will receive an offer of employment for acceptance. Local choice methods include:

• Open Merit
• Closed Merit
• Top of list
• Temporary Teacher Appointment to Permanent Status

The principal, director or delegate has the discretion to select the Local Choice method applicable to the position level.

4.2.6 Types of Local Choice

Typically, these options will be available for a teacher vacancy after Step 1 and Step 2 are exhausted, or for an executive or principal vacancy, after Step 1 is exhausted.

In the event a school has had 5 consecutive central appointments, the principal has “local choice” and in that case, is not restricted to the options below, but may choose any of the recruitment methods available under the Staffing Agreement, including central appointments under Step 1 and Step 2 of clause 3 of the Staffing Agreement.

i) Open Merit

A principal, director or their delegate can request Teacher Recruitment to advertise a Teacher vacancy openly on iworkfor.nsw and other appropriate media.

The principal, director or their delegate can access all applications via iworkfor.nsw and advise of the selection panel’s preferred candidate.

Any current member of the Teaching Service and qualified teachers external to the department can apply via iworkfor.nsw. Applications for and selection to positions on open merit are to be undertaken in accordance with the Merit Selection Procedure.

ii) Closed Merit

Only where a school is exempt from central appointment following five consecutive appointments, the Principal, Director or their delegate can request a closed advertisement to candidates from any or a combination of the following centrally managed lists to fill a teacher position:

• Service transfer for teacher vacancies and executive service transfer for executive vacancies
• Targeted graduate
• Approved to Teach (employment)

Teacher Recruitment will use iworkfor.nsw to notify all suitably qualified candidates on the appropriate list matching the position criteria as follows:

Individual candidates are responsible for maintaining their current contact and transfer/employment preference details. Contact details need to be updated through SAP ESS provides advice on how employment candidates can update application preferences. Permanent teachers need to update transfer application preferences through legacy ESS.

Candidates must submit an online application through iworkfor.nsw addressing the specific criteria together with contact details for two referees by the prescribed deadline.

The principal, director or delegate can access applications through iworkfor.nsw. A school based selection panel shortlists and interviews the applicants according to the Merit Selection Procedure.

iii) Top of List

Only where a school is exempt from central appointment following five consecutive appointments, the principal, director or their delegate can request Teacher Recruitment to appoint a candidate to a teacher position from the top of a list. In these instances, an offer is made as follows:

iv) Temporary Teacher Appointment to Permanent Status

a) Permanent part time or full-time teacher vacancy

Where a permanent full time or part time teacher vacancy arises at a school, and a temporary teacher has been engaged at that school:

• for the required minimum continuous service period;
• has a Performance and Development Plan and has been satisfactorily participating in the Performance and Development cycle; and
• where the temporary teacher is deemed suitable for appointment to the position;

The principal or their delegate must notify Teacher Recruitment of the proposed appointment of a temporary teacher to a permanent position through Online Management of School Entitlements and Enrolments (OMSEE). Principals or their delegates must also get the temporary teacher to complete the Change of Employment Type form and return it to them. The form can be accessed via the My Transfer section of ESS. The completed form must be forwarded to Teacher Recruitment.

Such appointment will be subject to the eligibility of the position to be filled by local choice, and the temporary teacher matching the staffing codes required in the permanent full time or part time vacancy to meet the educational needs of the school.

Where more than one temporary teacher at the school meets the eligibility requirements, the principal will conduct a candidate assessment process in determining the appointment.

The candidate assessment process will include the following as a minimum:

• The principal or delegate invites all eligible temporary teachers to submit an application for the position, including a one-page cover letter and a resume of no more than two pages.
• The principal or delegate will:
  • Review the applications;
  • Conduct an interview of the applicants;
  • Assess each applicant against the position requirements; and
  • Determine a recommended candidate for appointment.

Following eligibility confirmation, Teacher Recruitment will notify the principal or their delegate to proceed with a verbal offer to the recommended candidate. Once the recommended candidate notifies their acceptance of offer in writing to Teacher Recruitment they will be appointed to the position.

In 8-point incentive schools principals and/or executive principals have the option of permanently appointing temporary teachers above establishment (if there is no vacant position at the school) where the temporary teacher has been engaged at that school:

• for a minimum of 12 months’ continuous service, and
• has a Performance and Development Plan and has satisfactorily participated in the Performance and Development cycle, and
• where the temporary teacher is deemed suitable for appointment to the position.

b) Permanent Appointment to a substantive School Executive (excluding Executive Principal) Role

Enables the permanent appointment of a teacher, to be considered, who has been undertaking a substantive school executive (excluding Executive Principal) role in an eligible 6 or 8 point classified school or a Connected Communities school

This type of local choice method provides incentives for teachers to undertake executive roles on a temporary basis in harder-to-staff rural and remote schools.

Where a permanent school executive vacancy arises at an eligible 6 or 8 point classified school or a Connected Communities school, and the teacher has been acting or relieving in that position:

• for a minimum of 12 months’ continuous service , and
• has a Performance and Development Plan and has satisfactorily participated in the Performance and Development cycle relevant to the executive position to which they are to be appointed, and
• where the school executive is deemed suitable for appointment to the position; the Principal (or Director, Educational Leadership, in the case of a principal position) may elect to permanently appoint the teacher to the substantive vacancy.

Such appointment will be subject to:

• the eligibility of the position to be filled by local choice
• the initial temporary acting or relieving arrangement being filled through an open expression of interest (EOI) merit selection process which included an interview, undertaken in accordance with the Merit Selection Procedure
• the teacher holding the required academic qualifications for the executive position to which they are to be appointed
• the Director Educational Leadership’s (Executive Director School Performance in the case of a principal position) endorsement of the proposed appointment

Principals or their delegates must notify Teacher Recruitment of proposed appointments of temporary teachers to permanent positions through Online Management of School Entitlements and Enrolments (OMSEE). Principals or their delegates must also get the temporary teacher to complete the Change of Employment Type form and return it to them. The form can be accessed via the My Transfer section of ESS. The completed form must be forwarded to Teacher Recruitment.

4.3 Staffing Process

4.3.1 Filling a Centrally Identified Position on a Permanent Basis

A. Submission of position requirements

To fill a vacant centrally identified teacher position on a permanent basis, the principal, director or their delegate must submit the position requirements to School Recruitment and Placement via OMSEE using relevant staffing codes within four (4) school weeks of the position becoming vacant.

Staffing codes used in declaring vacancies will be monitored by School Recruitment and Placement.

In the event that a principal does not take any action within four (4) school weeks, School Recruitment and Placement will undertake appropriate action and follow up and will ultimately move to recruit and fill the position based on the profile of the position when last filled if no advice is provided.

Teacher Recruitment will first confirm whether the position is exempt from central appointment, as per 4.2.4 of this procedure. If the vacant position is exempt from central appointment, Teacher Recruitment will advise the Principal, Director or delegate that they may proceed directly to Local Choice selection.

Summary tables outlining the recruitment process for each vacancy type will be inserted pending confirmation or prior content.

4.3.2 Filling a Centrally Identified Position on a Temporary Basis

Where a school has been approved to fill a permanent position on a temporary basis as per Clause 7 of the Staffing Agreement, the school must:

• source a temporary Teacher from the Department’s Approved to Teach list;
• proceed to secure a temporary teacher and complete the Temporary Teacher Engagement Notice, including certification that the position meets the criteria for temporary appointment; and
• submit the completed form signed by the principal and temporary teacher to HR Shared Services.

4.3.3 Filling an Above Centrally Identified Position on a Permanent Basis

To establish and fill an Above Centrally Identified Position on a permanent basis, the Principal or delegate must:

• consult with the school community;
• obtain approval from the Director, Educational Leadership; and
• submit an application by notifying Teacher Recruitment through OMSEE. In determining the case for a permanent position the Principal and Director must ensure compliance with 4.1.3 of this procedure.

The position will be filled in the same manner as the Step 2: Local Choice Options process for Centrally Identified positions described in this procedure.

Where an Above Establishment executive position is being filled on a permanent basis, the Teacher Recruitment team will confirm that the role description includes general selection criteria relevant to the position level, together with the specific criteria determined by the school.

4.3.4 Filling an Above Centrally Identified Position on a Temporary Basis

To fill an above centrally identified school vacancy on a temporary basis the Principal, Director or delegate must:

• source a temporary Teacher from the Department’s Approved to Teach list;
• complete the Temporary Teacher Engagement Notice; and
• submit the completed form to HR Shared Services together with teacher details and funding source for the position.

4.4 Professional Development Placements

The Department supports professional development of Teachers within NSW Public Schools through local mobility arrangements. The following programs are designed to facilitate professional development of teachers and executive and are only applicable on the basis of mutual exchange, i.e. not applicable to vacant positions for filling in accord with this staffing procedure.

a) Local Transfer Scheme

The local transfer scheme provides opportunities for permanent teachers and executive staff to gain new skills, experiences and professional understandings through permanent transfer to another position at the same level in a different school. Teachers and executive staff need to satisfy the eligibility criteria for the position to which they are seeking transfer.

Information about this scheme is available on the Department’s website.

b) Rural Teacher Exchange Program

The rural teacher exchange program provides an opportunity for teachers in rural and remote schools to exchange with teachers in other schools for one year at a time. Participating teachers would return to their substantive school at the end of the year. Through this program teachers in rural and remote schools can experience teaching in a different environment and other teachers are able to consider through direct experience whether teaching in a rural or remote school is a longer term option for them.

c) Teachers’ Professional Exchange Program

The Teachers’ Professional Exchange Program enables permanent teachers and executive staff in NSW government schools (including permanent part time teachers and teachers on part time leave without pay) to gain new skills, experiences and professional understandings by working in a different school setting for a set period of one school year.

Further information about these programs are available at https://education.nsw.gov.au/about-us/careers-at-education/scholarships-and-programs.

5. Monitoring, evaluation and reporting requirements

5.1 Appeals

Permanent Teachers who apply on merit for a promotion position (more senior than their current position) may appeal against an appointment decision on the grounds that the appointment process was irregular or improper. More information about the appeals process is available in the Merit Selection Procedure.

Where an applicant for an advertised classroom teacher position (or a promotion position if not currently a permanent teacher) believes there has been an irregular or improper selection process, they may submit their concerns as a complaint to School Workforce within 10 calendar days of being notified.

5.2 Compliance Monitoring and Reporting

Compliance with the Staffing Agreement will be monitored by a state level Joint Monitoring and Review Committee (JMRC). This committee will comprise representatives of the Department and Federation, with equal representation from both parties.

The department's representation will include representative/s from the Public Schools division. The JMRC will be responsible for ensuring that the highest standards of probity, accountability and transparency apply to the staffing of NSW public schools.

The parties will participate in a JMRC forum each term to monitor and resolve compliance matters. Prior to each term's JMRC forum, the department will produce a Compliance Monitoring Report that shows each school's FTE entitlement, permanent FTE establishment, the difference between the two (unfilled entitlement), the difference expressed as a percentage, and FTE positions held in accordance with clause 7 of the Staffing Agreement. The Compliance Monitoring Report will also identify the number of executive positions within this data. This report will be sorted by field Executive Director locations and will highlight schools for detailed review.

Where the JMRC identifies a school requiring further review, the Director, Educational Leadership will discuss the level of temporary employment with the relevant principal to ascertain reasons and any necessary action to rectify the situation.

The Compliance Monitoring Report will also include data and analysis for the preceding school term, including:

• executive entitlement changes, specifically Head Teacher curriculum and non curriculum trends, and
• approved to teach codes which have been used to match against each vacant position filled.

Separate to the JMRC, the following matters will be reported in Term 4 of each year, commencing 2024:

• the number positions which having been declared and were unable to be filled through the recruitment provisions outlined in the Staffing Agreement, and
• the number of positions filled via each appointment mechanism for the system as a whole and by Public Schools location.

6. More information

For further information on this procedure, please contact, Teacher Recruitment on 1300 32 32 32 and select appropriate options.

7. Document links

Legislation and regulation

Key relevant legislation and regulation that determines influences or defines this procedure:

8. Terms and definitions

Definitions of terms that are contained in this procedure:

8. Appendices

• Appendix 1 - Staffing Codes
• Appendix 2 - Transfer System
• Appendix 3 - Staffing Multi-Campus Colleges