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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Teaching Services Amendment Bill
2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Teaching Services Act 1980 No 23 2
4 Consequential amendment of other legislation 2
Schedule 1 Amendment of Teaching Services Act 1980 3
Schedule 2 Amendment of other legislation 19
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Teaching Services Amendment Bill
2004
Act No , 2004
An Act to amend the Teaching Services Act 1980 to provide for merit appointment
in relation to senior positions in the Teaching Service and for performance
management in relation to school principals; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Teaching Services Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Teaching Services Amendment Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Teaching Services Act 1980 No 23
The Teaching Services Act 1980 is amended as set out in Schedule 1.
4 Consequential amendment of other legislation
The Acts and the regulation specified in Schedule 2 are amended as set
out in that Schedule.
Page 2
Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
Schedule 1 Amendment of Teaching Services Act
1980
(Section 3)
[1] Long title
Omit the long title. Insert instead:
An Act to establish the Teaching Service of New South Wales
and to make provision relating to the employment of persons in
the Teaching Service.
[2] Section 1 Name of Act
Omit "Services". Insert instead "Service".
[3] Section 2A Act ceases to apply to TAFE
Omit the section.
[4] Section 4
Omit the section. Insert instead:
4 Definitions
(1) In this Act:
appointed day means 20 October 1980.
Department means the Department of Education and Training.
Director-General means the Director-General of the
Department.
Education Gazette means the document entitled Education
Gazette published under the authority of the Minister.
exercise a function includes perform a duty.
function includes a power, authority or duty.
officer means a person employed in the Teaching Service other
than as a temporary employee.
position includes office.
school means a government school established under the
Education Act 1990.
school principal means a person appointed to the position of
principal of a school.
senior executive officer has the same meaning as in the Public
Sector Employment and Management Act 2002.
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
senior position means any position in the Teaching Service to
which a person employed in the Teaching Service could be
promoted.
Teaching Service means the Teaching Service of New South
Wales referred to in section 44.
temporary employee means a person employed under section 50
or deemed to be a temporary employee under section 48 (3).
(2) Notes included in this Act do not form part of this Act.
[5] Part 2
Omit Parts 2 and 3. Insert instead:
Part 2 Director-General
Division 1 General functions and related provisions
6 General responsibility
(1) The Director-General is responsible to the Minister for the
general conduct and the efficient, effective and economical
management of the functions and activities of the Teaching
Service.
(2) For the purpose of exercising that responsibility, the
Director-General may take such action as the Director-General
considers appropriate in the circumstances.
(3) Nothing in this section limits or affects the operation of section
14 of the Public Sector Employment and Management Act 2002.
7 General functions
(1) The Director-General has the following functions:
(a) to classify the schools in which members of the Teaching
Service are employed,
(b) to determine the staff positions in the Teaching Service
(including the teaching positions in schools),
(c) to determine the method of classifying and grading officers
employed in the Teaching Service,
(d) to determine the qualifications required for appointment to
the Teaching Service,
(e) to prepare and maintain a list of persons who the
Director-General determines are not to be employed in the
Teaching Service,
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
(f) to maintain discipline in the Teaching Service.
(2) Subsection (1) does not limit the functions that are conferred or
imposed on the Director-General by or under this Act.
8 Delegation of functions
(1) The Director-General may delegate to an authorised person any
of the functions of the Director-General under this Act other than:
(a) this power of delegation, or
(b) the functions conferred or imposed under:
(i) Division 6 of Part 4 (section 89 (1) excepted), or
(ii) section 100.
(2) A delegate may sub-delegate to an authorised person any
function delegated by the Director-General if the delegate is
authorised to do so by the Director-General.
(3) In this section:
authorised person means:
(a) an officer or temporary employee, or
(b) a member of staff of a Department within the meaning of
the Public Sector Employment and Management Act 2002,
or
(c) a member of staff of the TAFE Commission.
9 Acting appointment to Director-General position
Despite section 13 of the Public Sector Employment and
Management Act 2002, an officer of the Teaching Service or a
member of staff of the TAFE Commission may be appointed
under that section to act in the position of Director-General while
that position is vacant or if the holder of that position is
suspended, sick or absent.
Division 2 Employment functions
10 Definition
In this Division:
industrial matters has the same meaning as in the Industrial
Relations Act 1996, subject to the following modifications:
(a) the references to "employers" and "their employer" are to
be construed as references to the Crown,
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
(b) the references to "employees" are to be construed as
references to members of the Teaching Service,
(c) the references to "any industry" and "an industry" are to be
construed as references to the Teaching Service.
11 Director-General to act for Crown
The Director-General, in exercising a function under this
Division, acts for the Crown.
12 Role of Director-General in industrial proceedings
The Director-General is, for the purpose of:
(a) making any determination under section 13, or
(b) any proceedings relating to members of the Teaching
Service held before a competent tribunal having power to
deal with industrial matters,
taken to be the employer of those members.
13 Determination of conditions of employment
(1) Except in so far as provision is otherwise made by law, the
conditions of employment, including salaries, wages or other
remuneration, of members of the Teaching Service are to be
determined from time to time by the Director-General.
(2) This section does not apply in relation to the remuneration of, or
allowances payable to, senior executive officers in the Teaching
Service.
14 Agreements relating to industrial matters
(1) The Director-General may enter into an agreement with any
association or organisation representing any group or class of
officers or temporary employees as to any industrial matter.
(2) Any such agreement binds all officers and temporary employees
in the class or group affected by the agreement and no such
officer or temporary employee, whether a member of the
association or organisation with which the agreement was
entered into or not, has any right of appeal against the terms of
the agreement.
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
15 Determinations and agreements relating to major industrial
matters
The Director-General may not make a determination under
section 13 or enter into an agreement under section 14, being a
determination or an agreement relating to an industrial matter that
the Minister has determined and notified the Director-General to
be a major industrial matter, unless the Director-General has
notified the Minister of the determination proposed to be made or
the agreement proposed to be entered into.
[6] Part 4, heading
Omit "Services". Insert instead "Service".
[7] Part 4, Division 1 General
Omit the Division.
[8] Part 4, Division 2, heading
Omit "Education".
[9] Section 44
Omit the section. Insert instead:
44 The Teaching Service
(1) The Teaching Service of New South Wales consists of the
persons who are for the time being employed under this Division.
(2) Those persons are taken to be employed by the Government of
New South Wales in the service of the Crown, except as provided
by section 12.
(3) This Division does not affect any other method (statutory or
otherwise) by which a person holds a position, or is otherwise
employed, in the Teaching Service.
Note. For example, Parts 3.2 (Staff mobility) and 3.3 (Miscellaneous
provisions relating to public sector staff) of the Public Sector
Employment and Management Act 2002 apply to the Teaching Service
(which is a "public sector service" within the meaning of that Act). In
particular, sections 8688 of that Act provide for external and internal
transfers (including secondments and temporary assignments) of public
sector staff.
[10] Sections 45 (Transfer of persons from former Teaching Service), 48 (1),
(3)(5) and (7), 49 (1), 51 (1), 95 (1) (a) and 100 (1)
Omit "Education Teaching Service" wherever occurring.
Insert instead "Teaching Service".
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
[11] Section 46 Staff establishment for and appointment to certain positions
Omit the section.
[12] Section 47 Appointments to positions generally
Omit section 47 (1). Insert instead:
(1) The Director-General may, subject to section 47A, appoint to
positions in the Teaching Service such persons who, in the
opinion of the Director-General, have the appropriate
qualifications to be employed in the Teaching Service.
[13] Section 47 (1A) (a)
Omit the paragraph. Insert instead:
(a) an appointment to a position in the Teaching Service (other
than a senior position) is to be made under subsection (1),
and
[14] Sections 47 (1A), 48, 49 (1), 50 (5) (a) and (6), 51 and 100
Omit "of Education" wherever occurring.
[15] Section 47 (2)(5)
Omit the subsections.
[16] Section 47A
Insert after section 47:
47A Appointment on merit to senior positions
(1) Application of section
This section applies to and in respect of appointments under
section 47 to senior positions in the Teaching Service.
(2) Appointments to senior positions
Appointments to vacant senior positions are to be made by the
Director-General. It does not matter whether the person
appointed to such a position is or is not already an officer.
(3) Advertising vacancies
If it is proposed to make an appointment to a vacant senior
position, the Director-General must advertise the vacancy in such
manner as the Director-General thinks appropriate. Without
limiting the manner in which the vacancy is advertised, the
advertisement is to be in a form that is accessible to persons who
are not employed in the Teaching Service.
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
(4) Merit appointment
Appointments to vacant senior positions are to be made by the
Director-General on the basis of the merit of the applicants for
appointment.
(5) Determining merit of applicants
For the purpose of determining the merit of persons eligible for
appointment to a vacant senior position, the Director-General is
to have regard to:
(a) the nature and duties of the position, and
(b) the abilities, qualifications, experience, standards of work
performance and personal qualities of those persons that
are relevant to the performance of those duties.
(6) Selection process
In deciding to appoint a person to a vacant senior position:
(a) the Director-General may only select a person who has
applied for appointment to the vacant position, and
(b) the Director-General must, from among the applicants
eligible for appointment to the vacant position, select the
applicant who has, in the opinion of the Director-General,
the greatest merit.
(7) Appointment from eligibility list
Despite subsection (3), the Director-General need not advertise a
vacant senior position if the Director-General proposes to make
an appointment to the position from an eligibility list created by
the Director-General in relation to the position (being of a list of
those persons who applied for appointment to the position and
who are eligible for appointment but not selected for
appointment, as arranged in order of merit as determined in
accordance with subsection (5)).
(8) Any such eligibility list is applicable not only to the position in
relation to which it was created but also to any other position that
the Director-General determines it should be applicable to on the
basis that the position is substantially the same as the position in
relation to which the list was created.
(9) Industrial relations jurisdiction excluded
The appointment or failure to appoint a person to a vacant senior
position, or any matter, question or dispute relating to such an
appointment or failure, is not an industrial matter for the purposes
of the Industrial Relations Act 1996. This subsection applies
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
whether or not any person has been appointed to the vacant senior
position.
(10) Other legal proceedings excluded
No proceedings, whether for an order in the nature of prohibition,
certiorari or mandamus or for a declaration or injunction or for
any other relief, lie in respect of the appointment or failure to
appoint a person to a senior position, the entitlement or
non-entitlement of a person to be so appointed or the validity or
invalidity of any such appointment.
(11) Subsection (10) does not affect the operation of section 60.
[17] Section 48 Appointments on probation
Omit "permanent" from section 48 (1).
[18] Section 48 (6)
Insert "54 or" after "section".
[19] Sections 49 (1), 72 (a), 73 (1), 75, 76 (1) (a), 78, 79 (1) and (3), 80 (1), 81 (1)
and (2), 82, 83, 84 (1), 85 (3), (5) and (6), 86, 87 (1) and (2), 88, 89 (1) and
(2), 90 (1), 91, 92, 93 (1) and 97
Omit "a Teaching" wherever occurring. Insert instead "the Teaching".
[20] Section 50 Temporary employees
Omit section 50 (1)(4). Insert instead:
(1) The Director-General may employ a person who, in the opinion
of the Director-General, has the appropriate qualifications to
carry out work in the Teaching Service for a particular period.
(2) A person employed under this section may be employed on a
full-time, casual or part-time basis.
(3) A temporary employee is a member of, but does not hold a
position in, the Teaching Service.
[21] Section 50 (5)
Omit "appointed under subsection (1), (2) or (3)".
Insert instead "employed under this section".
[22] Section 50 (5) (a)
Omit "from the date of the appointment".
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
[23] Section 51 Temporary appointments of officers
Omit "subsection (2)" from section 51 (1).
Insert instead "subsections (2) and (3)".
[24] Section 51 (2)
Omit "with the concurrence of the Secretary".
[25] Section 51 (3)
Omit "of an officer of the Education Teaching Service to carry out the duties
of a permanent position".
[26] Section 51 (3)
Omit "that service". Insert instead "the Teaching Service".
[27] Part 4, Division 3
Omit the Division. Insert instead:
Division 3 Performance management for school
principals
52 Performance reviews for school principals
(1) A school principal's performance must be reviewed, at least
annually, by the Director-General.
(2) The Director-General may review the performance of a school
principal on such other occasions as the Director-General
considers appropriate.
(3) The review of a school principal's performance is to have regard
to the performance criteria determined by the Director-General
and such other matters as the Director-General considers
relevant.
53 Performance improvement programs
(1) If, following completion of the review of a school principal's
performance, the Director-General is of the opinion that the
principal is not performing his or her duties in a satisfactory
manner, the Director-General may implement a performance
improvement program for the principal.
(2) The school principal must participate in any such performance
improvement program in the manner required by the program.
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
(3) A performance improvement program is to be on such terms, and
is to be implemented for such period, as the Director-General
considers appropriate.
54 Dealing with unsatisfactory performance
(1) If the Director-General is of the opinion that a school principal's
performance is still unsatisfactory following the completion of a
performance improvement program for the principal or following
the principal's failure to participate in, or to satisfactorily
complete, such a program, the Director-General may:
(a) dismiss the school principal from the Teaching Service, or
(b) demote the school principal to a lower position in the
Teaching Service.
(2) Before taking any such action with respect to a school principal,
the Director-General must:
(a) notify the principal in writing of the proposed action and
the reasons for taking that action, and
(b) give the principal at least 21 days in which to make written
submissions to the Director-General in relation to the
proposed action, and
(c) take into consideration any written submissions received
from the principal during that period.
(3) The Director-General's decision to take action under subsection
(1) with respect to a school principal may, subject to subsection
(2), be carried into effect at any time.
(4) An appointment to a position in the Teaching Service that is
required as the result of taking action under subsection (1) (b) is
to be made by the Director-General.
(5) The Director-General may take action under this section with
respect to a school principal even though any of the steps for
dealing with a breach of discipline under Division 6 have been
taken with respect to the principal, but may do so only if no
finding has been made in relation to the alleged breach of
discipline.
(6) This section does not limit or otherwise affect any power under
this or any other Act to dismiss or demote a school principal or to
suspend a school principal from duty.
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
[28] Part 4, Division 4, heading
Omit "Service in the Teaching Services".
Insert instead "Miscellaneous provisions relating to the Teaching Service".
[29] Part 4, Division 4, Subdivision 1, heading
Omit the heading.
[30] Sections 5959G
Omit the sections.
[31] Section 60
Omit the section. Insert instead:
60 Promotion appeals
(1) An officer (the appellant) may appeal to the Director-General
against the decision to appoint another officer to a vacant senior
position for which the appellant has unsuccessfully applied.
(2) Any such appeal must be made no later than 10 days after the day
on which the appellant is notified (orally or in writing) of the
decision concerned.
(3) An appeal may only be made on the ground that the whole or any
part of the selection process for the position was irregular or
improper.
(4) After considering the appeal and such other information as the
Director-General considers appropriate, the Director-General
may:
(a) allow or disallow the appeal, and
(b) make such determination with respect to the appeal as the
Director-General thinks fit.
(5) The decision of the Director-General under subsection (4) is
final.
[32] Section 61 Promotions committees
Omit the section.
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
[33] Section 62 No appeal to GREAT
Omit "A decision or determination, under this Subdivision, of the
Director-General of Education" from section 62 (1).
Insert instead "The decision of the Director-General to appoint a person to a
vacant senior position".
[34] Section 62 (2)
Omit the subsection.
[35] Part 4, Division 4, Subdivision 2 Filling vacancies in the Technical and
Further Education Teaching Service
Omit the Subdivision.
[36] Part 4, Division 4, Subdivision 3, heading
Omit the heading.
[37] Sections 71 and 71A
Omit the sections.
[38] Sections 7276, 78 (b), 79 (3), 81 (1) (c), (2) (c) and (4A), 84 (1), 85 (1) and
(6), 86, 87 (1) and (2), 88, 89 (1) and (3), 90, 92 (1) and 93 (3) (a)
Omit "appropriate Director-General" wherever occurring.
Insert instead "Director-General".
[39] Section 73 Excessive salaries
Omit "Secretary" from section 73 (1) (b) (i).
Insert instead "Director-General".
[40] Section 73 (1) (b) (ii)
Omit "of which the officer is a member".
[41] Section 76 Retirement or transfer of officers through invalidity or
incapacity
Insert "or" after "Service," in section 76 (1) (e) (i).
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
[42] Section 76 (1) (e) (ii)
Omit the subparagraph. Insert instead:
(ii) if the appropriate Department Head (within the
meaning of the Public Sector Employment and
Management Act 2002) so approves, to some
position in the Public Service,
[43] Section 76 (1) (e) (iii)
Omit the subparagraph.
[44] Sections 78 (b) and 90 (1)
Omit "that Director-General" wherever occurring.
Insert instead "the Director-General".
[45] Sections 81 (6) and 85 (3)(5)
Omit "a Director-General" wherever occurring.
Insert instead "the Director-General".
[46] Section 83 Breaches of discipline
Insert at the end of the section:
(2) Subsection (1) does not apply in relation to a school principal to
the extent that the principal is inefficient or incompetent in the
discharge of his or her duties.
Note. A school principal's unsatisfactory performance may be dealt with
under Division 3 of this Part.
[47] Sections 84 (2) and 87 (4)
Omit "or 101" wherever occurring.
[48] Section 85 Punishment for breaches of discipline
Omit "of which he or she is a member" from section 85 (1) (a) (v) and (b)
wherever occurring.
[49] Section 85 (2)
Omit "to whom the recommendation is made".
[50] Sections 85 (6) and 93
Omit "appropriate Department" wherever occurring.
Insert instead "Department".
Page 15
Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
[51] Section 89 Officers and temporary employees prohibited from engaging
in employment except under this Act
Omit "of the Education Teaching Service employed on a casual basis or a
temporary employee of the Technical and Further Education Teaching Service
employed on a part-time basis" from section 89 (1).
Insert instead "employed on a casual basis".
[52] Section 91 Recovery of salary etc
Omit "section 25". Insert instead "section 13".
[53] Section 92 Deduction from salary or wages for use of building or
provision of services
Omit "Public Employment Industrial Relations Authority" from section 92
(1).
Insert instead "Public Employment Office".
[54] Section 94 Saving as to Minister's authority
Omit "Services". Insert instead "Service".
[55] Section 95 Appointments etc to be notified in Education Gazette
Omit section 95 (1) (b).
[56] Section 96
Omit the section. Insert instead:
96 Evidence as to Education Gazette
A document purporting to be an issue of the Education Gazette is
admissible in evidence in any proceedings, including
proceedings before the Government and Related Employees
Appeal Tribunal, and is, until the contrary is proved, taken to be
a copy of an issue of the Education Gazette.
[57] Section 98 Certain Acts apply to officers and temporary employees
Omit the section.
[58] Section 99 Making of regulations by Governor
Omit "Part 2 or" wherever occurring.
[59] Section 100 Making of regulations by Director-General
Omit "or promotion to" from section 100 (1) (a).
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Teaching Services Amendment Bill 2004
Amendment of Teaching Services Act 1980 Schedule 1
[60] Section 100 (1) (b)
Omit "transfer,".
[61] Section 100 (1) (d)
Omit the paragraph.
[62] Section 100 (1) (i)
Omit "public".
[63] Section 100 (1) (j)
Omit "Part 2 and" wherever occurring.
[64] Section 101 Making of regulations by the Director-General of Technical
and Further Education
Omit the section.
[65] Section 102 Application etc of regulations
Omit the section.
[66] Schedule 3 Savings and transitional provisions
Insert at the end of clause 2 (1):
Teaching Services Amendment Act 2004
[67] Schedule 3, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Teaching Services Amendment Act 2004
11 Definition
In this Part:
amending Act means the Teaching Services Amendment Act
2004.
12 References to Education Teaching Service
On and from the substitution of section 44 by the amending Act,
a reference in any Act, or in any instrument made under any Act,
or in any other instrument, or in any contract or agreement, to the
Education Teaching Service (however expressed) is be construed
as a reference to the Teaching Service.
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Teaching Services Amendment Bill 2004
Schedule 1 Amendment of Teaching Services Act 1980
13 Continuation of existing determinations and agreements
(1) Any determination of conditions of employment under section 25
made by the Director-General and in force immediately before
the repeal of that section by the amending Act is taken to be, after
that repeal, a determination made under section 13 as inserted by
the amending Act.
(2) Any agreement between the Director-General and an association
or organisation made under section 26 and in force immediately
before the repeal of that section by the amending Act is taken to
be, after that repeal, an agreement made under section 14 as
inserted by the amending Act.
14 Performance management for school principals
Division 3 of Part 4 (as substituted by the amending Act) extends
to a school principal holding office before the commencement of
the substitution of that Division, but only in relation to the school
principal's performance after that commencement.
15 General savings
Anything done by the Director-General that, immediately before
the substitution of Part 2 by the amending Act, had effect under
(or was done for the purposes of) this Act continues to have effect
under (or is taken to have been done for the purposes of) this Act
as amended by the amending Act.
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Teaching Services Amendment Bill 2004
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation
(Section 4)
2.1 Anti-Discrimination Act 1977 No 48
[1] Section 4B References to certain employers
Omit section 4B (1) (c). Insert instead:
(c) in relation to employment in the Teaching Service, is a
reference to the Director-General of the Department of
Education and Training.
[2] Sections 4B (2), 49ZU (3) (paragraph (a) of the definition of "employed in
the public sector") and 122B (1) (a1)
Omit "Education Teaching Service" wherever occurring.
Insert instead "Teaching Service".
[3] Section 4B (2)
Omit "School Education". Insert instead "Education and Training".
2.2 Education Act 1990 No 8
Section 104 Staff of the Board
Omit "a teaching service" from section 104 (2).
Insert instead "the Teaching Service".
2.3 Education Teaching Service Regulation 2001
[1] Clause 1 Name of Regulation
Omit "Education".
[2] Clause 3 Definitions
Omit "Education" from the definition of member of staff in clause 3 (1).
[3] Clauses 3 (1) (paragraph (c) of the definition of "statutory conditions of
service") and 5 (2) (c)
Omit "section 25" wherever occurring. Insert instead "section 13".
[4] Clause 3 (1), definition of "the Act"
Omit "Services". Insert instead "Service".
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Teaching Services Amendment Bill 2004
Schedule 2 Amendment of other legislation
[5] Clause 13 "Prescribed officers" for purposes of Division 6 of Part 4 of the
Act
Omit "in its application to the Education Teaching Service" wherever
occurring.
2.4 Energy Administration Act 1987 No 103
Schedule 1 Superannuation and other rights of employees of the
Corporation
Omit "a Teaching" from clauses 3 (1) (a) and 4 (1) (b) (i) wherever occurring.
Insert instead "the Teaching".
2.5 Freedom of Information Act 1989 No 5
[1] Section 6 Definitions
Omit paragraph (e) of the definition of responsible Minister in section 6 (1).
Insert instead:
(e) in relation to the Teaching Service--the Minister
administering the Teaching Service Act 1980, or
[2] Section 6 (1), definition of "Teaching Service"
Omit the definition.
[3] Section 7 Public authorities
Omit section 7 (1) (e). Insert instead:
(e) the Teaching Service, or
2.6 Government and Related Employees Appeal Tribunal Act
1980 No 39
[1] Section 4 Definitions
Omit paragraph (b) of the definition of employee in section 4 (1).
Insert instead:
(b) a person who is an officer, or a temporary employee,
within the meaning of the Teaching Service Act 1980,
Page 20
Teaching Services Amendment Bill 2004
Amendment of other legislation Schedule 2
[2] Section 4 (1), definition of "employer"
Omit paragraph (b). Insert instead:
(b) in relation to an employee of the class referred to in
paragraph (b) of that definition:
(i) for the purposes of those provisions of this Act
relating to the membership and constitution of the
Tribunal--the Director-General of the Department
of Education and Training, and
(ii) for the purposes of those provisions of this Act
relating to the making of appeals and the hearing of
appeals--the person against whose decision the
appeal is made (being, as the case may require, the
Director-General of the Department of Education
and Training or a prescribed officer within the
meaning of section 82 of the Teaching Service Act
1980),
[3] Section 21 Excluded circumstances
Omit section 21 (1) (j) (ii). Insert instead:
(ii) a temporary employee within the meaning of the
Teaching Service Act 1980, or
[4] Schedule 2 Provisions relating to the nomination of employers'
representatives and employees' representatives
Omit clause 4 (b). Insert instead:
(b) a member of the Teaching Service, or
2.7 Guardianship Act 1987 No 257
Schedule 1 Provisions relating to the Tribunal
Omit "a Teaching" from clauses 5 (1) (a) and 6 (1) (b) (i) wherever occurring.
Insert instead "the Teaching".
2.8 Health Records and Information Privacy Act 2002 No 71
Section 4 Definitions
Omit "Education" from the definitions of public sector agency and public
sector official wherever occurring in section 4 (1).
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Teaching Services Amendment Bill 2004
Schedule 2 Amendment of other legislation
2.9 Independent Commission Against Corruption Act 1988
No 35
[1] Section 3 Definitions
Omit paragraph (a) of the definition of public authority in section 3 (1).
Insert instead:
(a) a Government Department or the Teaching Service,
[2] Section 3 (1) (paragraph (g) of the definition of "public official") and
clauses 2 (1) (a) and 3 (b) (i) of Schedule 3
Omit "a Teaching" wherever occurring. Insert instead "the Teaching".
2.10 Industrial Relations Act 1996 No 17
[1] Dictionary
Omit "Education" from the definition of public sector employee.
[2] Dictionary, definition of "public sector industrial agreement"
Omit "section 26 of the Teaching Services Act 1980".
Insert instead "section 14 of the Teaching Service Act 1980".
2.11 Interpretation Act 1987 No 15
Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
Teaching Service means the Teaching Service of New South
Wales referred to in the Teaching Service Act 1980.
2.12 Judicial Officers Act 1986 No 100
Schedule 5 Provisions relating to the rights of certain staff of the
Commission
Omit "a Teaching" from clauses 2 (1) (a) and 3 (b) (i) wherever occurring.
Insert instead "the Teaching".
Page 22
Teaching Services Amendment Bill 2004
Amendment of other legislation Schedule 2
2.13 Mental Health Act 1990 No 9
Schedule 6 Provisions relating to members of the Tribunal
Omit "a Teaching" from clauses 10 (2) (a) and 11 (2) (b) (i) wherever
occurring.
Insert instead "the Teaching".
2.14 Parking Space Levy Act 1992 No 32
Section 17 Obligations of persons in public sector positions
Omit "Education" from paragraph (b) of the definition of public sector
position in section 17 (7).
2.15 Police Act 1990 No 47
Section 48 Definitions
Omit "a Teaching" from section 48 (a). Insert instead "the Teaching".
2.16 Privacy and Personal Information Protection Act 1998
No 133
Section 3 Definitions
Omit "Education" from the definitions of public sector agency and public
sector official wherever occurring in section 3 (1).
2.17 Public Finance and Audit Act 1983 No 152
[1] Section 4 Definitions
Omit "School Education" from the definitions of authority and officer of an
authority wherever occurring in section 4 (1).
[2] Section 4 (1), definition of "Head of an authority"
Omit paragraph (b). Insert instead:
(b) in relation to the Teaching Service--the Director-General
of the Department of Education and Training,
[3] Schedule 1 The Auditor-General
Omit "a Teaching" from clause 7 (2) (a). Insert instead "the Teaching".
Page 23
Teaching Services Amendment Bill 2004
Schedule 2 Amendment of other legislation
2.18 Public Sector Employment and Management Act 2002 No 43
[1] Section 3 Definitions
Omit the definition of Education Teaching Service from section 3 (1).
[2] Sections 3 (1) (paragraph (b) of the definition of "public sector service"),
19 (5), 63 (1) (definition of "public authority"), 63 (2) (c), 65 (1) (a), 67 (d),
77 (6), 78 (9) (a), 101 (1) (Arrangements for use of Teaching Service staff
by Departments) and 114 (3) (a) and clause 11 (16) (a) of Schedule 4
Omit "Education Teaching Service" wherever occurring.
Insert instead "Teaching Service".
2.19 Residential Tenancies Act 1987 No 26
Schedule 1 Provisions relating to the members of the Tribunal
Omit "a Teaching" from clauses 8 (1) (a) and 9 (1) (b) (i) wherever occurring.
Insert instead "the Teaching".
2.20 State Sports Centre Trust Act 1984 No 68
Schedule 3 Provisions applicable to a person designated as Director
Omit "a Teaching" from clauses 4 (2) (a) and 5 (2) (b) (i) wherever occurring.
Insert instead "the Teaching".
2.21 Teacher Housing Authority Act 1975 No 27
[1] Section 4 Definitions
Omit "a Teaching" from the definition of teacher.
Insert instead "the Teaching".
[2] Section 4, definition of "Teaching Service"
Omit the definition.
2.22 Technical and Further Education Commission Act 1990
No 118
Section 21 Use of staff or facilities of Departments etc
Omit "Education".
Page 24
Teaching Services Amendment Bill 2004
Amendment of other legislation Schedule 2
2.23 Transferred Officers Extended Leave Act 1961 No 13
Section 2 Definitions
Omit paragraph (c) of the definition of State employer in section 2 (1).
Insert instead:
(c) in relation to persons employed in the Teaching Service--
the Director-General of the Department of Education and
Training.
2.24 Treasury Corporation Act 1983 No 75
Schedule 2 Provisions relating to the rights of certain staff of the
Corporation
Omit "a Teaching" from clauses 3 (1) (a) and 4 (1) (b) (i) wherever occurring.
Insert instead "the Teaching".
2.25 Zoological Parks Board Act 1973 No 34
Schedule 1 Preservation of rights of certain employees
Omit "a Teaching" from clauses 2 (1) (a) and 3 (1) (b) (i) wherever occurring.
Insert instead "the Teaching".
Page 25
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