Recently got called as my degree is coming to an end about my job offer at a High School which 12 and a half hours away from home. I am under a scholarship and when I was 18, I lodged in this scholarship and accidentally placed a rural area. I wanted to get some advice on how I could go about trying to appeal for a closer area as it has been 5 years since lodging in this contract. Any advice would be helpful :)
What may happen:
- It either try to appeal and get another school which I hope will happen.
- Appeal disapproved and pay back $25k as deed of agreement is not reached.
Some of what the deed of agreement states are as follows;
Where the Sponsorship Holder is a permanent employee of DET prior to the date that the
Sponsorship Holder signs this Deed of Agreement to undertake the Program, the
Sponsorship Holder acknowledges that DET, by entering into this Deed of Agreement, is
to provide costly support and monitoring to the Sponsorship Holder based on
representations made by the Sponsorship Holder, particularly in or in connection with the
Sponsorship Holder’s application for assistance, and accordingly if the Sponsorship
Holder:
i. fails to satisfactorily complete the Program (as to which DET shall be the sole judge);
or
ii. withdraws from the Program; or
iii. refuses to accept an appointment to an Envisaged Appointment Area position
following the Program; or
iv. refuses, fails or is unable to enter on duty in an Envisaged Appointment Area position
with DET during or following completion of the Program; or
v. takes any period of unauthorised absence during the Period of Commitment; or
vi. resigns, retires or is dismissed from employment with DET or accepts a position
which has been advertised for filling through a merit selection process; or vii. is found to have made any misrepresentation, particularly in or in connection with the
Sponsorship Holder’s application for assistance, as to:
a. any pre-existing medical condition (see clause 5) which may bear upon the ability
of the Sponsorship Holder to be appointed to and fulfil the duties involved in an
Envisaged Appointment Area position;
b. the ability of the Sponsorship Holder to undertake training and perform the duties
involved in the Envisaged Appointment Area position;
c. the Sponsorship Holder having been, prior to the date of this Deed of Agreement,
or becoming, during the period of this Deed of Agreement, an "undischarged
bankrupt";
viii. is found to have been or becomes an “undischarged bankrupt”; or
ix. is found to have a medical condition which renders the Sponsorship Holder unable to
complete the training or fulfil the duties involved in a position in the Envisaged
Appointment Area,
then the Sponsorship Holder will:
x. [unless circumstances envisaged by clause 7(vi) occur] be given nominated transfer
status to the staffing area of the school in which the Sponsorship Holder taught
immediately prior to commencing the Program or any three (two, if there be fewer
than three) surrounding staffing areas; and
xi. pay, without delay, to DET, an amount equal to the financial assistance paid to the
Sponsorship Holder by DET under this Deed of Agreement. Where the Sponsorship
Holder has served part of the service required by this Deed of Agreement, the
amount due under this clause will be reduced proportionately. This payment will not
be required if evidence, complying with clause 8 and satisfactory to DET, is provided
by the Sponsorship Holder that the failure, withdrawal or refusal occurred because of
injury or illness which occurred or first arose after the date of this Deed of Agreement
unless such injury or illness or cause thereof was known to exist or its existence was
reasonably foreseeable at the time of entering this Deed of Agreement.Where a Sponsorship Holder seeks to rely on an illness or injury to establish that
repayment to DET under any of clauses 5, 6, 7 or 11 is not due and payable, the
Sponsorship Holder must, prior to ceasing to complete training or prior to ceasing to fulfil
the duties involved in an Envisaged Appointment Area position, provide to DET medical
evidence, satisfactory to DET, in support of the alleged illness or injury. Additionally, to
assist DET in forming DET’s view as to whether the circumstances justify exempting the
Sponsorship Holder from the obligation to repay the financial assistance paid to the
Sponsorship Holder by DET under this Deed of Agreement, the Sponsorship Holder must,
if required by DET:
i. undergo a medical assessment by a recognised doctor/medical specialist chosen by
and at DET’s discretion, such as from HealthQuest;
ii. provide such further or other information or medical opinion as DET may request.On satisfactory completion of relevant training and, where applicable, a personal
suitability interview, the Sponsorship Holder will be appointed, either “as a permanent
teacher” pursuant to Section 47 of the Teaching Service Act 1980 or on probation as a
teacher pursuant to Section 48 of the Teaching Service Act 1980, to an Envisaged
Appointment Area position, as specified in Item 5 of the Schedule.On accepting an appointment, or change to an appointment, to an Envisaged
Appointment Area position, the eligibility or otherwise of the Sponsorship Holder to
relocation expenses will be subject to the DET policy as set out in the Teachers
Handbook as issued from time to time by DET
Consider packing your bags and moving to a rural area for the period of the contract. You might enjoy the experience.
A reason you may have been selected as a scholarship recipient was ticking rural on the application - hence being able to appeal and relocate may give you certain advantages over original applicants who did not tick rural.
I suggest you just try to appeal and follow the due course of processes. All you can really do.