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The State Teachers Act 2010 (NSW) provides: Section 1: There shall be a State Teaching Service (Service) in the State. Section 2: The Service shall
The State Teachers Act 2010 (NSW) provides: Section 1: There shall be a State Teaching Service (Service) in the State. Section 2: The Service shall comprise of permanent, probationary and casually employed teachers. Section 3: The Director of the Service shall appoint a Conciliation Commissioner to consider disputes about the employment of a member of the Service. Section 7: The determination by the Conciliation Commissioner of any application made to it under this Act can be challenged on a question of law arising under the Act, within 7 days of receiving the decision, beyond which there can be no judicial review. Section 10: A person who is aggrieved by a decision made by the Conciliation Commissioner under this Act may appeal to the Service Tribunal. Felicity has been employed as a casual teacher by the Sate Teaching Service since 2010. The well-established practice was that teachers on the casually employed teachers' list were contacted in order of listing. Felicity's name was now seventh from the top of the list. That meant that she was frequently called on when casual teaching was required. In 2015, in order to save money, the NSW Executive (comprising the Chief Minister and other senior Ministers) instructed the Director of the Service that, from April 2015, casual teaching jobs were to be offered first to probationary teachers who were paid half the rates of fully trained teachers. As a result, the amount of work offered to Felicity was reduced by 65%. The decision of the Executive was made without consultation with any members of the Service. Teachers only became aware of the change when they realised that their teaching hours had dropped significantly. Felicity sought conciliation before the Conciliation Commissioner on the question of her reduced work but the outcome was not satisfactory to her. At the same time the NSW Legislature passed an amendment to the State Teachers Act 2010 (NSW) which provided that teachers' salaries shall be capped at 2015 rates for the next 3 years. Felicity has received a letter from the Director informing her that her rate of pay will not be increased until June 2023. Felicity seeks your advice as to whether she can challenge the decisions
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