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Part 7, 7A, 7B: Education Service, Personnel, Senior Appointments

355 Parts7, 7A and 7B of the SSA deal with the Education service, personnel provisions in relation to the Education service, and senior appointments in the Education service. The Commissioner's role in employment relations in respect of the Education service was covered in the previous section of this paper: ultimately, no proposal for change was advanced.

356 There was also an issue about the adequacy of the provision in s77 that protects chief executives and employees in the Education service from personal liability. The same issue was prominent in relation to the Public Service, as provided for in s86 in part 8 of the SSA. The next part of this paper covers this issue in relation to both s77 and s86.

357 Another issue relating to the Education service provisions in the SSA was whether it was necessary to retain the Commissioner’s role in relation to assessing the performance of teachers.

Performance Assessment of Teachers

The Act

358 Section 77C(1) provided that: "The chief executive of the Ministry of Education may from time to time, with the agreement of the State Services Commissioner, prescribe matters that are to be taken into account by employers in assessing the performance of teachers".


359 While matters of integrity and conduct are the domain of the Commissioner, the performance assessment of teachers is not. Such matters belong to the chief executive of the Ministry of Education who – in SSC's view – should not be required to obtain the Commissioner's agreement or even to consult the Commissioner in that regard.

360 Removing the unnecessary statutory requirement to have the Commissioner's agreement would not remove any ability of the chief executive of the Ministry of Education to discuss teacher performance assessment matters with the Commissioner on a voluntary basis.

Cabinet, legislation drafting and Select Committee processes

361 Following Cabinet agreement, s77C(1) was amended accordingly as progressed via cl52 in the Bill.

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