Teacher transfer appeals
Queensland Teachers' Journal, Vol 128 No 7, 29 September 2023, page no. 16
The Department of Education is continuing to use required transfers in the south-east corner as part of its commitment to a statewide transfer service and teacher mobility within the workforce.
In 2023 this has only applied to primary school teachers, with a view to it also including secondary school teachers next year.
This year has the added complication of the bulk conversions of temporary teachers in response to the teacher shortage and the department’s obligations under the Public Sector Act (2022). Most of the newly permanent teachers have received an initial school location of their existing school but have been warned they may be moved to a different school location in Term 4 or after Day 8 next year.
The department has assured the QTU that the transfer system will not be negatively impacted by the bulk conversions. We are working closely with regional and central office to ensure this is the case.
While it is a condition of permanent employment that a teacher may be required to work anywhere in the state, there are limited circumstances in which a teacher can appeal the department’s transfer decision.
The transfer appeal process
There are two categories of members who may wish to appeal their transfer. Those who received a required transfer that they do not want to accept and those who applied for a transfer but have not received a transfer to their requested geographic area and/or region.
There are appeal processes for both categories, and relevant information is provided at https://www.qtu.asn.au/seek-advice/appealing-transfer-decision. To be successful in appealing a required transfer, you must provide evidence that the transfer is unreasonable.
In the first instance, you should discuss your concerns over a transfer decision with your school principal. If the matter cannot be resolved, you can submit a written request for review to your school principal. Timeframes need to be adhered to and the three stages should be followed.
Stage 1 – local action: A written request for a review of the transfer decision should be lodged with the current principal as soon as possible. This must include sufficient information to enable your concerns to be resolved, including any action that you would like taken.
A meeting/teleconference between you, a member of the school’s leadership team and a regional People Branch (HR) consultant should be held to discuss your concerns. You may invite a representative of the Union or another support person to attend. You will receive an email confirming the outcome and the reasons for the decision, any further action to be taken, and the next steps in the review process.
Local action must be finalised four weeks (28 calendar days) from the date of the official notification of the transfer outcome. In the case of required transfers, that will likely be four weeks from 8 September.
Stage 2 – internal review: If the matter remains unresolved, it can be escalated to the regional review panel. The form can be found at https://www.qtu.asn.au/seek-advice/appealing-transfer-decision. Please note; there are two separate forms – one for required transfers and one for not receiving a requested transfer.
The request for an internal review must be lodged within two weeks (14 calendar days) of receipt of the written notification of the local action decision.
You will receive written notification of the review decision, including the reasons for the decision, the information considered, and the next steps in the review process.
The outcome of the internal review must be lodged within two weeks (14 calendar days) of receipt of the written request for internal review.
Stage 3 – external review: You may lodge an appeal against the outcome of the internal review with the Queensland Industrial Relations Commission. You have 21 days from the date you receive the written internal review decision.
Intra-regional transfer appeals
It is very difficult for teachers who have been transferred within 50 minutes of their current residence to establish that the transfer is unreasonable. Any circumstances should have been raised the department when they were identified for required transfer.
For further information and/or advice about teacher transfer reviews, please visit https://www.qtu.asn.au/transfer-appeals or contact the Queensland Teachers Assist Desk on 1300 11 7823.