New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Industrial Relations Amendment
(Public Sector Appeals) Bill 2010
No , 2010
A Bill for
An Act to amend the Industrial Relations Act 1996 and the Transport Appeal Boards
Act 1980 with respect to the review of decisions concerning the promotion and
discipline of public sector employees and transport workers respectively; to repeal
the Government and Related Employees Appeal Tribunal Act 1980; and to make
consequential amendments to other legislation.
Clause 1 Industrial Relations Amendment (Public Sector Appeals) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Public Sector Appeals) 3
Act 2010. 4
2 Commencement 5
This Act commences, or is taken to have commenced, on 1 July 2010. 6
3 Repeals 7
The following are repealed: 8
(a) the Government and Related Employees Appeal Tribunal Act 9
1980, 10
(b) the Government and Related Employees Appeal Tribunal 11
(Education Ancillary Staff) Amendment Act 1987, 12
(c) the Government and Related Employees Appeal Tribunal 13
Regulation 2005. 14
Page 2
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Schedule 1 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Chapter 2 Employment 3
Insert after Part 6: 4
Part 7 Public sector promotion and disciplinary 5
appeals 6
Division 1 Preliminary 7
91 Interpretation 8
(1) In this Part: 9
appeal means a promotion appeal or a disciplinary appeal. 10
appealable decision means a decision of a kind referred to in 11
section 97 (1). 12
approved form means a form in or to the effect of a form 13
approved by the President of the Commission. 14
disciplinary appeal means an appeal under section 98. 15
office includes position. 16
promotion appeal means an appeal under section 94. 17
public sector employee means a person who is: 18
(a) employed in a Division of the Government Service within 19
the meaning of the Public Sector Employment and 20
Management Act 2002 (other than a temporary employee 21
who is employed under Part 2.5 of that Act as a special 22
temporary employee), or 23
Note. The persons referred to in paragraph (a) are staff of 24
Government Departments and other staff in the Government 25
Service other than Ministerial staff. 26
(b) employed under Part 1 of Chapter 9 of the Health Services 27
Act 1997 in the NSW Health Service, or 28
(c) an officer, or a temporary employee, within the meaning of 29
the Teaching Service Act 1980, or 30
(d) employed, whether permanently or otherwise: 31
(i) as an officer of either House of Parliament, or 32
Page 3
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(ii) in any position under the separate control of the 1
President of the Legislative Council or Speaker of 2
the Legislative Assembly, or under their joint 3
control, or 4
(e) otherwise employed in the service of the Crown. 5
public sector employer means the following: 6
(a) for a public sector employee of the class referred to in 7
paragraph (a) of the definition of public sector employee-- 8
the appropriate Division Head within the meaning of the 9
Public Sector Employment and Management Act 2002, 10
(b) for a public sector employee of the class referred to in 11
paragraph (b) of that definition--the Director-General of 12
the Department of Health, 13
(c) for a public sector employee of the class referred to in 14
paragraph (c) of that definition--the Director-General of 15
the Department of Education and Training, 16
(d) for a public sector employee of the class referred to in 17
paragraph (d) of that definition: 18
(i) who is an officer of the Legislative Council or under 19
the separate control of the President of the 20
Legislative Council--the President, or 21
(ii) who is an officer of the Legislative Assembly or 22
under the separate control of the Speaker of the 23
Legislative Assembly--the Speaker, or 24
(iii) who is under the joint control of the President of the 25
Legislative Council and the Speaker of the 26
Legislative Assembly--the President and Speaker 27
jointly, 28
(e) for a public sector employee of the class referred to in 29
paragraph (e) of that definition--the person in whose 30
service the employee is employed. 31
(2) A reference in this Part to: 32
(a) the appointment of a public sector employee to fill a vacant 33
office includes a reference to the appointment of a public 34
sector employee to a higher position, and 35
(b) a vacant office includes a reference to a higher position the 36
subject of an appointment referred to in paragraph (a). 37
Page 4
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
92 Application of Part 1
(1) This Part applies to and in respect of promotion appeals and 2
disciplinary appeals by public sector employees other than those 3
public sector employees or employees of a class of public sector 4
employees who under: 5
(a) an award or enterprise agreement made or approved by the 6
Commission on or after the commencement of this section 7
are not entitled to appeal to the Commission under this 8
Part, or 9
(b) an industrial instrument or any other agreement, contract, 10
understanding or undertaking (whether express or implied) 11
were not entitled to appeal to the Government and Related 12
Employees Appeal Tribunal under the Government and 13
Related Employees Appeal Tribunal Act 1980 as in force 14
immediately before its repeal. 15
(2) Notice of an industrial instrument or any other agreement, 16
contract, understanding or undertaking referred to in 17
subsection (1) in relation to public sector employees or 18
employees of a class of public sector employees may be 19
published on the website of the Department of Premier and 20
Cabinet. 21
(3) Any such notice is prima facie evidence that this Part does not 22
apply to the employees to whom the notice relates. 23
Division 2 Promotion appeals 24
93 Publication of notices 25
(1) A public sector employer who decides to appoint or recommend 26
the appointment of a person to fill a vacant office or position in 27
the establishment of the employer must cause particulars of the 28
decision to appoint or recommend the appointment of the person 29
to be published in a notice (an appointment notice) in accordance 30
with this section. 31
(2) Subsection (1) applies if the public sector employer is: 32
(a) a Division Head (within the meaning of the Public Sector 33
Employment and Management Act 2002) and the person 34
appointed or whose appointment is recommended is an 35
employee in that Division, or 36
(b) the Director-General of the Department of Health and the 37
person appointed or whose appointment is recommended 38
is a member of the NSW Health Service, or 39
Page 5
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(c) any other employer and the person appointed or whose 1
appointment is recommended is an employee of that 2
employer. 3
(3) The appointment notice is to be published not later than 14 days 4
after the acceptance by the person of the appointment and the 5
notice is to be distributed to the employees of the employer. 6
(4) The employees of an employer referred to in subsection (2) (b) 7
are, for the purpose of distributing the appointment notice, those 8
members of the NSW Health Service who are employed in or in 9
connection with the public health organisation or other division 10
of that Service in which the vacant office forms part. 11
(5) The appointment notice: 12
(a) may, without limiting the manner in which it may 13
otherwise be published, appear on the NSW Government's 14
recruitment website, and 15
(b) is taken to have been distributed in accordance with this 16
section if that website contains the notice and is made 17
available to the employees of the employer. 18
(6) If the person accepts the appointment, the employer must give 19
notice in writing of the following to every other person who 20
applied unsuccessfully for the appointment (other than a person 21
who withdrew his or her application): 22
(a) the fact of that person's acceptance, 23
(b) the fact of publication of the appointment notice, 24
(c) the date of the appointment notice. 25
(7) The notice under subsection (6) must be given not later than 26
14 days after the acceptance. 27
(8) If, by or under any other Act, an employer is required to give 28
notice of the particulars of a decision of the kind referred to in 29
subsection (1), any such notice is taken to be an appointment 30
notice if given within the time limited by subsection (3). 31
(9) An appointment notice (other than a notice to which 32
subsection (8) applies) is, if a form is prescribed by the 33
regulations, to be in the form so prescribed. 34
(10) The Commission may, on application by an employer, permit an 35
appointment notice to be given to the employer's employees in an 36
approved form. 37
Page 6
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
94 Right of appeal 1
(1) Subject to and in accordance with this Part, a public sector 2
employee who is: 3
(a) employed as an officer in a Department within the 4
meaning of the Public Sector Employment and 5
Management Act 2002--may appeal on the promotions 6
appeal ground to the Commission against a decision of an 7
employer (being a Department Head within the meaning of 8
that Act) to appoint or recommend the appointment of 9
another such officer to fill a vacant office in that or any 10
other Department, and 11
(b) employed as a member of staff of a Division of the 12
Government Service other than a Department--may 13
appeal on the promotions appeal ground to the 14
Commission against a decision of the employee's 15
employer (being the appropriate Division Head within the 16
meaning of that Act) to appoint or recommend the 17
appointment of another employee in that Division to fill a 18
vacant office in that Division, and 19
(c) a member of the NSW Health Service employed in or in 20
connection with a division of the Service--may appeal on 21
the promotions appeal ground to the Commission against a 22
decision of the employee's employer (being the 23
Director-General of the Department of Health) to appoint 24
or recommend the appointment of another employee 25
employed in or in connection with that division to fill a 26
vacant office in or in connection with that division, and 27
(d) a person other than an officer referred to in paragraph (a), 28
(b) or (c)--may appeal on the promotions appeal ground to 29
the Commission against a decision of the employee's 30
employer to appoint or recommend the appointment of 31
another employee of that employer to fill a vacant office. 32
(2) For the purposes of this section, the promotions appeal ground 33
is that the appellant is, having regard to any relevant document in 34
relation to the vacant office, more entitled to be appointed to the 35
vacant office than the employee in whose favour the decision was 36
made. 37
(3) In this section: 38
relevant document, in relation to a vacant office, means the 39
provisions of any Act, statutory instrument, industrial award or 40
agreement or of any advertisement which is required to be 41
Page 7
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
applied or taken into consideration by the employer in respect of 1
an appointment to the vacant office that is published in good faith 2
in relation to the vacant office. 3
95 Excluded circumstances 4
A public sector employee is not entitled to appeal under 5
section 94 in respect of the decision of a public sector employer 6
relating to a vacant office: 7
(a) if the appointment to the vacant office is not a permanent 8
appointment, or 9
(b) if the vacant office is an office specified in Schedule 1, 2 10
or 3 to the Statutory and Other Offices Remuneration Act 11
1975, or 12
(c) if the vacant office is a Department Head position in the 13
Public Service, or 14
(d) if the maximum salary applicable to the vacant office at the 15
date of the decision of the employer exceeds: 16
(i) except as provided by subparagraph (ii)--the 17
amount equal to the maximum salary applicable to a 18
clerk's position graded 12 in the Public Service, or 19
(ii) where another amount is prescribed by the 20
regulations--that other amount, or 21
(e) unless the maximum salary applicable to the vacant office 22
is greater than the salary paid, at the date of the decision of 23
the employer, to the appellant in relation to the office held 24
by the appellant at that date, or 25
(f) unless the maximum salary applicable to the vacant office 26
is greater than the salary paid, at the date of the decision of 27
the employer, to the employee in whose favour that 28
decision is made in relation to the office held by the 29
employee at that date, or 30
(g) unless, where an invitation to apply for appointment to the 31
vacant office was given by the employer to its employees 32
or advertised generally, the employee duly made 33
application for appointment to the vacant office, or 34
(h) unless the employee satisfies the minimum requirements, 35
in relation to the vacant office, of any Act, statutory 36
instrument, industrial award or agreement or 37
advertisement referred to in section 94, or 38
(i) unless the employee is willing to take up duties in the 39
vacant office, or 40
Page 8
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
(j) if the employee or the employee in whose favour the 1
decision of the employer is made is: 2
(i) a temporary employee or a casual employee (within 3
the meaning of Part 2.1 of the Public Sector 4
Employment and Management Act 2002) of the 5
Public Service, or 6
(ii) a temporary employee within the meaning of the 7
Teaching Service Act 1980, or 8
(iii) in relation to a public sector employee of a class 9
referred to in paragraph (a), (b), (d) or (e) of the 10
definition of public sector employee in 11
section 91 (1), an employee who is employed, 12
otherwise than permanently, in the service of his or 13
her employer. 14
96 Effect of failure to notify vacancy 15
(1) If no invitation to apply for appointment to a vacant office in the 16
establishment of a public sector employer: 17
(a) is given by the employer to the employer's employees, or 18
(b) is advertised generally (whether by publication in a 19
newspaper, on a recruitment website used by the employer 20
or in some other manner), 21
an affected employee may, if otherwise entitled, appeal to the 22
Commission against the decision of the employer to appoint or 23
recommend the appointment of one of the employer's employees 24
to fill the vacant office. 25
(2) In this section: 26
affected employee, in relation to a vacant office in the 27
establishment of a public sector employer, means: 28
(a) if the vacant office is not one in the Government Service or 29
the NSW Health Service--any public sector employee 30
employed by the employer, or 31
(b) if the vacant office is one in the Government Service-- 32
only public sector employees employed in the same 33
Division (within the meaning of the Public Sector 34
Employment and Management Act 2002) of which the 35
vacant office forms part, or 36
(c) if the vacant office is one in the NSW Health Service-- 37
only employees employed in or in connection with the 38
same division of that Service of which the vacant office 39
forms part. 40
Page 9
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
Division 3 Disciplinary appeals 1
97 Notice of certain decisions etc 2
(1) This section applies to the following decisions made by a public 3
sector employer in relation to a public sector employee: 4
(a) a decision to defer, for a period in excess of 6 months, the 5
payment of an increment to the employee, 6
(b) a decision to reduce the rank, classification, position, grade 7
or pay of the employee, 8
(c) a decision to impose a fine or forfeit pay, 9
(d) a decision to annul the appointment of an employee 10
appointed on probation, 11
(e) a decision to suspend the employee as a punishment where 12
the employee is held to be guilty of misconduct or 13
contravention of any law or any rule or direction of the 14
employer, 15
(f) a decision to dismiss the employee, 16
(g) a decision to direct or to require the employee to resign. 17
(2) A public sector employer who makes a decision to which this 18
section applies in relation to an employee must give the employee 19
notice, in writing, of the decision as soon as practicable after the 20
decision is made, except as otherwise provided by an order made 21
under subsection (4). 22
(3) If the employer is unable to give the employee notice of the 23
decision within 14 days after it is made, the employer may apply 24
to the Commission for an order as to the giving of the notice. 25
(4) On receipt of an application under subsection (3), the 26
Commission may make such order as the Commission thinks fit 27
as to the giving of the notice or may make an order dispensing 28
with the giving of the notice. 29
(5) A notice may be given, or the giving of a notice may be dispensed 30
with, in accordance with an order made under subsection (4). 31
(6) In subsection (1) (f): 32
dismiss includes dispensing with the services of an employee 33
(including under any right or power of the Crown to dispense 34
with the services of an employee). 35
(7) For the purposes of this Division: 36
(a) a decision of a kind referred to in subsection (1) (d), (f) or 37
(g) is a decision that may, subject to this Act, be appealed 38
Page 10
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
against under section 98 regardless of whether the decision 1
was made for disciplinary reasons, and 2
(b) a reference to a public sector employer making a decision 3
of a kind referred to in subsection (1) includes a reference 4
to any other person (including the Crown) who is 5
authorised by or under any law to make that decision or to 6
carry it into effect. 7
98 Right of appeal 8
(1) Despite anything contained in any other Act, a public sector 9
employee may, subject to and in accordance with this Part, appeal 10
to the Commission against an appealable decision of his or her 11
employer. 12
(2) Such an appeal may be made on the ground that the decision 13
appealed against was made substantially in reprisal for a 14
protected disclosure within the meaning of the Protected 15
Disclosures Act 1994. 16
(3) However, employees of the following classes cannot appeal to 17
the Commission against an appealable decision referred to in 18
section 97 (1) (d), (f) or (g): 19
(a) employees engaged under a contract of employment for: 20
(i) a specified period of time that is less than 6 months, 21
or 22
(ii) a specified task that is of less than 6 months 23
duration, 24
(b) employees serving a period of probation or qualifying 25
period, if the duration of the period, or the maximum 26
duration of the period, is determined in advance and either: 27
(i) the period, or the maximum duration, is 3 months or 28
less, or 29
(ii) if the period, or the maximum duration, is more than 30
3 months--the period, or the maximum duration, is 31
reasonable having regard to the nature and 32
circumstances of the employment and the statutory 33
provisions relating to the probationary appointment 34
of the employee concerned, 35
(c) employees engaged on a casual basis for a short period 36
except those who: 37
(i) are engaged by a particular employer on a regular 38
and systematic basis for a sequence of periods of 39
employment during a period of at least 6 months, 40
and 41
Page 11
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(ii) would, but for the decision of the employer, have 1
had a reasonable expectation of continuing 2
employment with the employer. 3
99 Alternative rights of appeal 4
(1) Nothing in section 98 derogates from or otherwise affects any 5
right of appeal a public sector employee may have, or other 6
proceedings which may be instituted by the employee or on his 7
or her behalf, under this or any other Act or law or any industrial 8
award or agreement (whether enacted, existing or made before, 9
on or after 1 July 2010) in respect of an appealable decision. 10
(2) A public sector employee may not appeal to the Commission 11
under section 98 in respect of an appealable decision if: 12
(a) the employee has elected, in writing, to forgo a right of 13
appeal under section 98 in respect of the decision, or 14
(b) the employee makes an appeal or institutes other 15
proceedings, or proceedings are instituted on the 16
employee's behalf, in respect of an appealable decision 17
under an Act or law or an industrial award or agreement 18
referred to in subsection (1). 19
(3) If an employee appeals to the Commission under section 98 in 20
respect of an appealable decision, the employee may not then, in 21
respect of that decision, appeal or institute other proceedings or 22
proceedings may not be instituted on his or her behalf under an 23
Act or law or an industrial award or agreement referred to in 24
subsection (1). 25
100 Appealable decisions may be carried into effect despite right of 26
appeal 27
(1) An appealable decision may be carried into effect whether or not 28
an appeal may be (or has been) made against the decision under 29
this Division. 30
(2) However, if the decision appealed against is a decision of a kind 31
referred to in section 97 (1) (d), (f) or (g), a permanent 32
appointment is not to be made to the position held by the 33
employee when the decision was made until: 34
(a) the time for making an appeal against the decision has 35
expired without an appeal having been made, or 36
(b) if an appeal is made within that time--the appeal is 37
determined or has lapsed. 38
Page 12
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Division 4 Procedures relating to the making of appeals 1
100A Notice of appeal 2
A public sector employee may make an appeal by lodging with 3
the Industrial Registrar a notice of appeal in the approved form. 4
100B Time for lodging appeal 5
(1) Notice of a promotion appeal must be lodged: 6
(a) within 21 days after the date of the notice of particulars 7
under section 93 (1), or 8
(b) within 21 days after receipt by the public sector employee 9
of a notice under that subsection that bears no date. 10
(2) Notice of a disciplinary appeal must be lodged within 28 days 11
after the public sector employee is notified of the decision against 12
which the appeal is to be made. 13
(3) Nothing in this section prevents a public sector employee from 14
appealing against a decision that was not notified, or particulars 15
of which were not notified, to the public sector employee as 16
required by or under this or any other Act. 17
100C Decisions with respect to appeals 18
(1) The Commission, in relation to a promotion appeal, may decide 19
to allow or disallow the appeal. 20
(2) The Commission, in relation to a disciplinary appeal, may decide 21
to allow or disallow the appeal or make such other decision with 22
respect to the appeal as it thinks fit. 23
(3) Without limiting the generality of subsection (2), if in relation to 24
a disciplinary appeal it appears to the Commission that the 25
employer failed to comply with the rules of procedural fairness in 26
making the decision appealed against, the Commission: 27
(a) is not required to allow the appeal solely on that basis and 28
may proceed to decide the appeal on its merits, or 29
(b) may quash the decision and remit the matter back to the 30
employer with such directions (if any) as to which stage of 31
the disciplinary process in relation to the matter may be 32
recommenced by the employer. 33
(4) The decision of the Commission in respect of an appeal is, except 34
as provided by section 197B, final and is to be given effect to by 35
the employer against whose decision the appeal was brought. 36
Page 13
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
100D Orders by Commission with respect to payment of salary and 1
continuity of employment 2
(1) Without limiting section 100C, if the Commission decides to 3
allow a disciplinary appeal, the Commission may: 4
(a) if the employee has paid a fine imposed by the employer or 5
his or her pay has been forfeited--order the employer to 6
repay the amount of any such fine or forfeited pay, and 7
(b) order the employer to pay the employee an amount stated 8
in the order that does not exceed the remuneration the 9
employee would, but for the decision of the employer, 10
have received from the employer, and 11
(c) order that any period of employment of the employee with 12
the employer is taken not to have been broken by the 13
decision of the employer. 14
(2) Any such order by the Commission must be given effect to by the 15
employer. 16
(3) Nothing in subsection (1) enables the Commission to make an 17
order for compensation in the case where a person is not 18
reinstated or does not continue in employment. 19
Division 5 Hearing of appeals 20
100E Conciliation of disciplinary appeals 21
(1) Before a disciplinary appeal is heard by the Commission, the 22
Commission must endeavour to settle the matter by conciliation. 23
(2) If the conciliation is not successful and the matter proceeds to a 24
hearing, the member who attempted to settle the matter by 25
conciliation cannot sit as a member of the Commission to hear the 26
appeal if a party to the proceedings objects to the member sitting 27
as a member to hear the appeal. 28
100F Powers when appeal settled by conciliation 29
If a matter that is the subject of an appeal to the Commission 30
under this Part is settled by conciliation, the Commission may: 31
(a) dismiss the appeal, or 32
(b) make an order on the agreed terms for settlement. 33
100G Presentation of cases 34
(1) A public sector employer must present the employer's case to the 35
appellant at least 7 days before the hearing of a disciplinary 36
appeal. 37
Page 14
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
(2) At the hearing of an appeal under this Part, the public sector 1
employer's case is to be presented first. 2
(3) Nothing in subsection (2) removes from an appellant or any other 3
person the onus of proving any ground on which the appellant 4
relies. 5
100H Provisions relating to promotion appeals 6
(1) A promotion appeal is, subject to the rules of the Commission 7
and any applicable practice note issued under section 185A, to be 8
heard in accordance with this section. 9
(2) The hearing of the promotion appeal is to be informal and must 10
not be conducted in an adversarial manner. 11
(3) The persons entitled to be present at the hearing are as follows: 12
(a) the appellant, 13
(b) a person appointed by the public sector employer against 14
whose decision the appeal is brought, being a person 15
appointed generally or in respect of a particular appeal or 16
class of appeals, 17
(c) the employee in whose favour the decision referred to in 18
paragraph (b) has been made. 19
(4) The persons entitled, pursuant to subsection (3), to be present at 20
an informal hearing of the Commission are not entitled to be 21
represented by an Australian legal practitioner or an agent or 22
otherwise. 23
[2] Section 153 Jurisdiction of Commission in Court Session 24
Insert after section 153 (1) (j): 25
(ja) proceedings under section 197B, 26
(jb) proceedings under section 23A of the Transport Appeal 27
Boards Act 1980, 28
[3] Section 166 Representation of parties 29
Insert "or in proceedings under Part 7 (Public sector promotion and 30
disciplinary appeals) of Chapter 2" after "conciliation proceedings" in 31
section 166 (2). 32
Page 15
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
[4] Section 166 (2A) 1
Insert after section 166 (2): 2
(2A) Despite subsections (1) and (2), a party to proceedings referred to 3
in section 100H is not entitled to be represented by an Australian 4
legal practitioner or by an agent who is not a practitioner. 5
[5] Section 181 Costs 6
Insert after section 181 (3): 7
(3A) Despite subsection (1), the Commission may not award costs in 8
proceedings under Part 7 of Chapter 2. 9
Note. This subsection does not prevent the award of costs in appeals 10
relating to questions of law in relation to public sector promotional and 11
disciplinary matters under section 197B. 12
[6] Section 185 Rules of Commission 13
Insert after section 185 (2): 14
(2A) Without limiting subsection (2) (b), rules of the Commission may 15
provide for the giving of evidence (including by way of reports 16
or other documents) in appeals under Part 7 of Chapter 2 by 17
persons having specialised knowledge of matters relevant to 18
promotion appeals or disciplinary appeals under that Part. 19
[7] Section 185 (4) 20
Insert after section 185 (3): 21
(4) This section extends to the making of rules relating to the practice 22
and procedure (and other matters) relating to promotion appeals 23
and disciplinary appeals under the Transport Appeal Boards 24
Act 1980. 25
[8] Section 185A Practice notes 26
Insert after section 185A (1): 27
Note. The power to make rules under section 185 (4) enables the President to 28
issue practice notes under this section with respect to promotion appeals and 29
disciplinary appeals under the Transport Appeal Boards Act 1980. 30
[9] Section 197B 31
Insert after section 197A: 32
197B Appeals on questions of law in relation to public sector 33
promotional and disciplinary matters 34
(1) A party to proceedings under Part 7 of Chapter 2 may, subject to 35
this Part, appeal to the Full Bench of the Commission in Court 36
Page 16
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Session against any decision of the Commission in the 1
proceedings on a question of law. 2
(2) On an appeal under this section, the Full Bench of the 3
Commission in Court Session may: 4
(a) remit the matter to the Commission for determination in 5
accordance with the decision of the Full Bench, or 6
(b) make such other order in relation to the appeal as seems fit. 7
[10] Section 206 Dual Federal and State appointments of members 8
Omit "or of the Government and Related Employees Appeal Tribunal 9
(sections 7 and 10 of, and Schedule 1 to, the Government and Related 10
Employees Appeal Tribunal Act 1980)" from the note to the section. 11
[11] Section 405 Statutory provisions relating to public sector employees 12
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 13
from section 405 (1) (a). 14
Insert instead "Part 7 of Chapter 2". 15
[12] Schedule 4 Savings, transitional and other provisions 16
Insert at the end of clause 2 (1): 17
Industrial Relations Amendment (Public Sector Appeals) Act 18
2010 19
[13] Schedule 4, Part 12 20
Insert after clause 51: 21
Part 12 Provisions consequent on repeal of 22
Government and Related Employees 23
Appeal Tribunal Act 1980 24
52 Definitions 25
In this Part: 26
former appellate body means the Government and Related 27
Employees Appeal Tribunal. 28
GREAT Act means the Government and Related Employees 29
Appeal Tribunal Act 1980. 30
2010 Act means the Industrial Relations Amendment (Public 31
Sector Appeals) Act 2010. 32
Page 17
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
53 Promotion and disciplinary appeals made before repeal of GREAT 1
Act 2
(1) An appeal against a decision of an employer that was lodged in 3
accordance with the GREAT Act before its repeal is taken to have 4
been made to the Commission under Part 7 of Chapter 2 of this 5
Act (as inserted by the 2010 Act). 6
(2) If the hearing of an appeal referred to in subclause (1) had 7
commenced before the repeal of the GREAT Act, the President 8
of the Commission may give such directions regarding the 9
continuance of the hearing (including directions for the 10
replacement of a member of the former appellate body with a 11
member of the Commission and the exercise of any functions by 12
the Industrial Registrar in relation to the hearing) that the 13
President considers appropriate. 14
(3) A member of the Commission who replaces a member of the 15
former appellate body is to have regard to the evidence and 16
decisions made in relation to the appeal before the replacement. 17
(4) A member of the former appellate body is not entitled to any 18
remuneration or compensation because of the loss of office as a 19
consequence of the enactment of the 2010 Act. 20
Page 18
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Transport Appeal Boards Act 1980 No 104 Schedule 2
Schedule 2 Amendment of Transport Appeal Boards 1
Act 1980 No 104 2
[1] Long title 3
Insert "and other authorities" after "Authority". 4
[2] Section 3 5
Insert after section 2: 6
3 Application of Act 7
This Act applies to and in respect of promotion appeals and 8
disciplinary appeals by persons other than any persons or class of 9
persons prescribed by the regulations. 10
[3] Section 4 Definitions 11
Omit the definitions of Chairperson, member and Vice-Chairperson from 12
section 4 (1). 13
[4] Section 4 (1) 14
Omit "2000" wherever occurring in the definitions of disciplinary appeal and 15
promotion appeal. 16
Insert instead "2005". 17
[5] Section 4 (1) 18
Insert in alphabetical order: 19
Commission means the Industrial Relations Commission of New 20
South Wales. 21
President means the President of the Commission. 22
[6] Section 4 (1), definition of "secretary" 23
Omit the definition. Insert instead: 24
secretary means the Industrial Registrar within the meaning of 25
the Industrial Relations Act 1996. 26
[7] Section 4 (3) 27
Omit the subsection. 28
Page 19
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 2 Amendment of Transport Appeal Boards Act 1980 No 104
[8] Sections 5 and 6 1
Omit sections 510. Insert instead: 2
5 Constitution of Boards 3
(1) For the purposes of this Act, there is established, in relation to 4
each appeal, a Transport Appeal Board. 5
(2) A Transport Appeal Board is constituted by the President. 6
(3) Clause 1 of Schedule 2 to the Industrial Relations Act 1996 7
extends to the exercise of functions by the President as a Board 8
under this Act. 9
(4) The President may delegate to another member of the 10
Commission the functions of the President as a Board under this 11
Act, other than this power of delegation. 12
6 Functions of Boards 13
A Board has and may exercise the functions conferred on it by or 14
under this Act, the Transport Administration Act 1988 or any 15
other Act. 16
[9] Section 11 Sittings of Boards 17
Omit "shall, unless the Chairperson otherwise directs," from section 11 (1). 18
Insert instead "is, unless it determines otherwise, to". 19
[10] Section 11 (2) 20
Omit "may be formal or informal". 21
Insert instead "are to be treated as if they were proceedings before the 22
Commission under Part 7 of Chapter 2 of the Industrial Relations Act 1996". 23
[11] Section 11, note 24
Insert at the end of the section: 25
Note. On proceedings before the Commission, see in particular 26
sections 162166 of the Industrial Relations Act 1996. Rules may be 27
made, and practice notes issued, under sections 185 and 185A, 28
respectively, of that Act with respect to the practice and procedure of 29
Boards. 30
Page 20
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Transport Appeal Boards Act 1980 No 104 Schedule 2
[12] Section 11A 1
Omit sections 11A11D. Insert instead: 2
11A Persons entitled to be present at proceedings 3
The persons entitled to be present at proceedings of a Board are: 4
(a) the appellant whose appeal is being heard by the Board, 5
and 6
(b) a person appointed by the employer against whose 7
decision the appeal is brought, being a person appointed 8
generally or in respect of a particular appeal or class of 9
appeals, and 10
(c) the employee in whose favour the decision referred to in 11
paragraph (b) has been made. 12
[13] Section 12 Members of a Board 13
Omit the section. 14
[14] Section 14 Time for hearing of appeals 15
Omit ", the Chairperson or members of a Board" from section 14 (2) (b). 16
Insert instead "or the member of the Board". 17
[15] Section 18 Discovery of documents, attendance of witnesses etc 18
Omit the section. 19
[16] Section 19 Administration of oath 20
Omit the section. 21
[17] Section 20 22
Insert before section 21: 23
20 Costs 24
A Board may not award costs in relation to proceedings in an 25
appeal (other than proceedings under section 23A). 26
[18] Section 21 Adjournment 27
Omit section 21 (2). 28
[19] Section 23 Decisions on appeals 29
Omit "The" from section 23 (2). 30
Insert instead "Except as provided by section 23A, the". 31
Page 21
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 2 Amendment of Transport Appeal Boards Act 1980 No 104
[20] Section 23A 1
Insert after section 23: 2
23A Appeals on questions of law 3
(1) A party to a promotion or disciplinary appeal may, subject to 4
subsection (3), appeal to the Full Bench of the Commission in 5
Court Session against any decision of a Board in the proceedings 6
on a question of law. 7
(2) On an appeal under this section, the Full Bench of the 8
Commission in Court Session may: 9
(a) remit the matter to the Board for determination in 10
accordance with the decision of the Full Bench, or 11
(b) make such other order in relation to the appeal as seems fit. 12
(3) Part 7 of Chapter 4 of the Industrial Relations Act 1996 applies 13
to an appeal against a decision of a Board under this section in the 14
same way as it applies to an appeal against a decision of the 15
Commission under section 197B of that Act. 16
[21] Section 28 Costs and expenses of Boards 17
Omit the section. 18
[22] Section 31 Reference of certain matters to President 19
Omit "Chairperson or a Vice-Chairperson" wherever occurring in 20
section 31 (1) and (2). 21
Insert instead "President". 22
[23] Section 31 (3) 23
Omit "Chairperson or Vice-Chairperson, as the case may be,". 24
Insert instead "President". 25
[24] Section 32 Regulations 26
Omit section 32 (2) (a) and (b). 27
[25] Section 32 (3) 28
Omit the subsection. 29
[26] Section 35 Rights of appeal to any other appeals body barred 30
Insert "or to the Commission" after "statutory appeals tribunal" in 31
section 35 (1). 32
Page 22
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of Transport Appeal Boards Act 1980 No 104 Schedule 2
[27] Schedule 1 Members of a Board 1
Omit the Schedule. 2
[28] Schedule 2 Savings and transitional provisions 3
Insert at the end of clause 1A (1): 4
Industrial Relations Amendment (Public Sector Appeals) 5
Act 2010 6
[29] Schedule 2, Part 4 7
Insert after clause 5: 8
Part 4 Provisions consequent on enactment of 9
Industrial Relations Amendment (Public 10
Sector Appeals) Act 2010 11
6 Definitions 12
In this Part: 13
former appellate body means a Transport Appeal Board 14
constituted under section 5 of this Act before its substitution by 15
the 2010 Act. 16
2010 Act means the Industrial Relations Amendment (Public 17
Sector Appeals) Act 2010. 18
7 Promotion and disciplinary appeals made before amendment of 19
this Act by 2010 Act 20
(1) An appeal against a decision of an employer that was lodged in 21
accordance with this Act as in force immediately before its 22
amendment by the 2010 Act is taken to have been made to a 23
Board as constituted under this Act as so amended. 24
(2) If the hearing of an appeal referred to in subclause (1) had 25
commenced before the amendment of this Act, the President may 26
give such directions regarding the continuance of the hearing 27
(including directions for the replacement of the former appellate 28
body with a Board as constituted under this Act as amended by 29
the 2010 Act and the exercise of any functions by the Industrial 30
Registrar in relation to the hearing) that the President considers 31
appropriate. 32
(3) A Board as constituted under this Act as amended by the 2010 33
Act that replaces the former appellate body is to have regard to 34
the evidence and decisions made in relation to the appeal before 35
the replacement. 36
Page 23
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 2 Amendment of Transport Appeal Boards Act 1980 No 104
(4) A Chairperson, Vice-Chairperson or member of the former 1
appellate body is not entitled to any remuneration or 2
compensation because of the loss of office as a consequence of 3
the amendments to this Act made by the 2010 Act. 4
Page 24
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of other Acts and regulation Schedule 3
Schedule 3 Amendment of other Acts and regulation 1
3.1 Central Coast Water Corporation Act 2006 No 105 2
[1] Schedule 5 Transfer of staff, assets, rights and liabilities 3
Omit ", the Government and Related Employees Appeal Tribunal Act 1980" 4
from clause 8 (4). 5
[2] Schedule 5, clause 8 (5) 6
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 7
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 8
3.2 Education Act 1990 No 8 9
[1] Schedule 1A Board inspectors 10
Omit clause 6 (1). Insert instead: 11
(1) A decision to employ or a failure to employ a person as a Board 12
inspector, and any matter, question or dispute relating to such a 13
decision or failure, are not industrial matters for the purposes of 14
the Industrial Relations Act 1996 (other than Part 7 of Chapter 2 15
of that Act). 16
[2] Schedule 1A, clause 6 (3) 17
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 18
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 19
3.3 Education (School Administrative and Support Staff) Act 20
1987 No 240 21
[1] Section 33 Eligibility for appointment to Public Service 22
Omit ", the Government and Related Employees Appeal Tribunal Act 1980" 23
from section 33 (2). 24
[2] Section 33 (3) 25
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 26
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 27
Page 25
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 3 Amendment of other Acts and regulation
3.4 Fire Brigades Regulation 2008 1
Clause 47 Fines 2
Omit "Government and Related Employees Appeal Tribunal" from 3
clause 47 (3). 4
Insert instead "Industrial Relations Commission". 5
3.5 Health Services Act 1997 No 154 6
Section 121H Industrial arbitration or legal proceedings excluded 7
Omit "Government and Related Employees Appeal Tribunal" from 8
section 121H (7). 9
Insert instead "Industrial Relations Commission". 10
3.6 Independent Commission Against Corruption Act 1988 11
No 35 12
Section 104 Appointment of staff 13
Omit "Government and Related Employees Appeal Tribunal" from 14
section 104 (10). 15
Insert instead "Industrial Relations Commission". 16
3.7 Landcom Corporation Act 2001 No 129 17
Schedule 2 Transfer of staff 18
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 19
from clause 2 (2). 20
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 21
3.8 Ombudsman Act 1974 No 68 22
Section 34 Disclosure by Ombudsman or officer 23
Omit "Government and Related Employees Appeal Tribunal" from 24
section 34 (1) (b) (ii). 25
Insert instead "Industrial Relations Commission". 26
3.9 Police Act 1990 No 47 27
[1] Section 3 Definitions 28
Omit the definition of GREAT from section 3 (1). 29
Page 26
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of other Acts and regulation Schedule 3
[2] Section 44 Industrial arbitration and legal proceedings excluded 1
Omit "GREAT" from section 44 (6). 2
Insert instead "the Industrial Relations Commission under Part 7 of Chapter 2 3
of the Industrial Relations Act 1996". 4
[3] Section 82C Appointment on merit 5
Omit "GREAT" from section 82C (5). 6
Insert instead "the Industrial Relations Commission under Part 7 of Chapter 2 7
of the Industrial Relations Act 1996". 8
[4] Section 82C (5) (b) 9
Omit "Tribunal". Insert instead "Commission". 10
[5] Section 82J Eligibility of non-executive administrative officers for 11
appointment to Public Service 12
Omit ", the Government and Related Employees Appeal Tribunal Act 1980" 13
from section 82J (2). 14
[6] Part 6A, Division 3, heading 15
Omit "GREAT". Insert instead "Industrial Relations Commission". 16
[7] Section 83 17
Omit the section. Insert instead: 18
83 Appeal to Industrial Relations Commission against promotions of 19
administrative officers 20
The provisions of Part 7 of Chapter 2 of the Industrial Relations 21
Act 1996 relating to promotion appeals apply to non-executive 22
administrative officers as if those officers were employees, and 23
the Commissioner were their employer, within the meaning of 24
that Part. 25
[8] Section 88 Industrial arbitration or legal proceedings excluded in 26
relation to appointments 27
Insert "(except Part 7 of Chapter 2 of that Act)" after "Industrial Relations Act 28
1996" in section 88 (1). 29
[9] Section 88 (4) 30
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 31
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 32
Page 27
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 3 Amendment of other Acts and regulation
[10] Sections 173 (9), 181D (7) and 183D (5) 1
Omit "GREAT and" wherever occurring. 2
[11] Section 185 3
Omit the section. Insert instead: 4
185 Disciplinary appeals to Industrial Relations Commission by 5
non-executive administrative officers 6
The provisions of Part 7 of Chapter 2 of the Industrial Relations 7
Act 1996 relating to disciplinary appeals apply to administrative 8
officers (not being members of the NSW Police Force Senior 9
Executive Service) as if those officers were employees, and the 10
Commissioner were their employer, within the meaning of that 11
Part. 12
[12] Section 186 13
Omit the section. Insert instead: 14
186 Appeal to Industrial Relations Commission relating to leave when 15
hurt on duty 16
(1) A police officer may appeal to the Industrial Relations 17
Commission against a decision of the Commissioner to grant or 18
refuse leave of absence on full pay to the police officer during any 19
period of absence caused by that officer being hurt on duty within 20
the meaning of section 1 (2) of the Police Regulation 21
(Superannuation) Act 1906. 22
(2) The Industrial Relations Act 1996 applies to and in respect of an 23
appeal under this section in the same way as it applies to a 24
disciplinary appeal under Part 7 of Chapter 2 of that Act. 25
Note. A disciplinary appeal under Part 7 of Chapter 2 of the Industrial 26
Relations Act 1996 is made by lodging a notice of appeal with the 27
Industrial Registrar under section 100B (2) of that Act within 28 days 28
after the public sector employee concerned is notified of the decision 29
against which the appeal is made. 30
(3) For the purpose of the Industrial Relations Commission hearing 31
and determining an appeal under this section, a police officer is 32
taken to be a public sector employee and the Commissioner the 33
public sector employer, within the meaning of Part 7 of Chapter 2 34
of the Industrial Relations Act 1996. 35
Page 28
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of other Acts and regulation Schedule 3
3.10 Public Finance and Audit Act 1983 No 152 1
[1] Section 33F Executive officers 2
Insert ", Part 7 (Public sector promotion and disciplinary appeals)" after 3
"(Unfair dismissals)" in section 33F (5). 4
[2] Section 33F (8) 5
Omit the subsection. 6
3.11 Public Sector Employment and Management Act 2002 No 43 7
[1] Section 21 Appointments subject to promotion appeal 8
Omit "Government and Related Employees Appeal Tribunal" wherever 9
occurring in section 21 (1) and (2) (b). 10
Insert instead "Industrial Relations Commission". 11
[2] Section 21 (2) (a) 12
Omit "Government and Related Employees Appeal Tribunal Act 1980". 13
Insert instead "Industrial Relations Act 1996". 14
[3] Section 21 (2), note 15
Omit "section 19 of the Government and Related Employees Appeal Tribunal 16
Act 1980". 17
Insert instead "section 93 of the Industrial Relations Act 1996". 18
[4] Section 22 Legal proceedings not to be brought in respect of 19
appointments etc 20
Insert "(other than Part 7 of Chapter 2 of that Act)" after "Industrial Relations 21
Act 1996" in section 22 (1). 22
[5] Section 22 (4) 23
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 24
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 25
[6] Section 35 Industrial arbitration or legal proceedings excluded 26
Insert ", Part 7 (Public sector promotion and disciplinary appeals)" after 27
"(Unfair dismissals)" in section 35 (3). 28
[7] Section 35 (7) 29
Omit the subsection. 30
Page 29
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 3 Amendment of other Acts and regulation
[8] Section 72 Industrial arbitration or legal proceedings excluded 1
Insert ", Part 7 (Public sector promotions and disciplinary appeals)" after 2
"(Unfair dismissals)" in section 72 (4). 3
[9] Section 72 (7) 4
Omit the subsection. 5
[10] Section 89 Variations in remuneration on transfer 6
Omit "section 20 of the Government and Related Employees Appeal Tribunal 7
Act 1980" from section 89 (2). 8
Insert instead "section 94 of the Industrial Relations Act 1996". 9
3.12 State Owned Corporations Act 1989 No 134 10
[1] Section 36 Application of other Acts 11
Omit section 36 (1) (a). Insert instead: 12
(a) Part 7 of Chapter 2 of the Industrial Relations Act 1996. 13
[2] Schedule 4 Provisions relating to certain staff 14
Omit ", the Government and Related Employees Appeal Tribunal Act 1980" 15
from clause 5 (2). 16
[3] Schedule 4, clause 5 (3) 17
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 18
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 19
3.13 State Water Corporation Act 2004 No 40 20
Schedule 2 Transfer of staff 21
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 22
from clause 3 (2). 23
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 24
Page 30
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of other Acts and regulation Schedule 3
3.14 Statutory and Other Offices Remuneration Act 1975 (1976 1
No 4) 2
[1] Schedule 2 Public offices 3
Omit the following from Part 1: 4
Senior Chairperson of the Government and Related Employees 5
Appeal Tribunal (not being the holder of a judicial office) 6
Chairperson of the Government and Related Employees Appeal 7
Tribunal (not being the holder of a judicial office) 8
[2] Schedule 3 Public offices 9
Omit "Chairperson of Transport Appeal Boards" from Part 2. 10
3.15 Subordinate Legislation (Repeal) Act 1985 No 232 11
Schedule 1 Subordinate legislation not repealed by section 3 12
Omit the following from Part A: 13
Government and Related Employees Appeal Tribunal Act 1980 14
Government and Related Employees Appeal Tribunal 15
Regulation 1980 16
3.16 Superannuation Administration Authority Corporatisation 17
Act 1999 No 5 18
Schedule 2 Transfer of staff 19
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 20
from clause 4 (2). 21
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 22
3.17 Supreme Court Act 1970 No 52 23
Section 48 Assignment to the Court of Appeal 24
Omit subparagraph (iii) from the definition of specified tribunal in 25
section 48 (1) (a). 26
Page 31
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Schedule 3 Amendment of other Acts and regulation
3.18 Teaching Service Act 1980 No 23 1
[1] Section 48 Appointments on probation 2
Omit "Government and Related Employees Appeal Tribunal" from 3
section 48 (5). 4
Insert instead "Industrial Relations Commission". 5
[2] Section 62 6
Omit the section. Insert instead: 7
62 No appeal to Industrial Relations Commission 8
The decision of the Director-General to appoint a person to a 9
vacant senior position is not subject to appeal under Part 7 of 10
Chapter 2 of the Industrial Relations Act 1996. 11
[3] Section 76 Retirement or transfer of officers through invalidity or 12
incapacity 13
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 14
from section 76 (2). 15
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 16
[4] Section 96 Evidence as to Education Gazette 17
Omit "Government and Related Employees Appeal Tribunal". 18
Insert instead "Industrial Relations Commission under Part 7 of Chapter 2 of 19
the Industrial Relations Act 1996". 20
3.19 Technical and Further Education Commission Act 1990 21
No 118 22
[1] Section 19 Legal proceedings not to be brought in respect of 23
appointments etc 24
Insert "(except Part 7 of Chapter 2 of that Act)" after "Industrial Relations Act 25
1996" in section 19 (1). 26
[2] Section 19 (4) 27
Omit "the Government and Related Employees Appeal Tribunal Act 1980". 28
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 29
Page 32
Industrial Relations Amendment (Public Sector Appeals) Bill 2010
Amendment of other Acts and regulation Schedule 3
3.20 Waste Recycling and Processing Corporation Act 2001 1
No 59 2
Schedule 2 Transfer of staff of Waste Recycling and Processing Service 3
Omit "the Government and Related Employees Appeal Tribunal Act 1980" 4
from clause 3 (2). 5
Insert instead "Part 7 of Chapter 2 of the Industrial Relations Act 1996". 6
Page 33
[Index] [Search] [Download] [Related Items] [Help]