New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 134)
In this Schedule:
"former Act" means the Education and Public Instruction Act 1987 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Education Reform Act 1990Education Reform Amendment (School Discipline) Act 1995Education Reform Amendment Act 1997Education Reform Amendment (Board Inspectors) Act 1997Education Amendment (Special Courses of Study) Act 1999Education Amendment (Non-Government Schools Registration) Act 2004Education Amendment (Financial Assistance to Non-Government Schools) Act 2006Education Legislation Amendment Act 2006Education Amendment Act 2008Education Amendment Act 2009Education Amendment (Publication of School Results) Act 2009Education Amendment (School Attendance) Act 2009Education Amendment (Record of School Achievement) Act 2012
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
(1) The Board of Secondary Education constituted under the former Act is dissolved.
(2) A person who, immediately before the dissolution of that Board, held office as a member of that Board:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office, and(c) is eligible (if otherwise qualified) to be appointed as a member of the Board of Studies constituted under this Act.
(3) The assets, rights, liabilities and obligations of the Board of Secondary Education become, on its dissolution, the assets, rights, liabilities and obligations of the Board of Studies constituted under this Act.
(1) A parents and citizens association or kindred association established (or deemed to be established) under the former Act, or a district council so established, that was in existence immediately before the repeal of the former Act, is to be taken to be a parents and citizens association or kindred association, or a district council, constituted under this Act.
(2) Rules made by any such association or council and in force immediately before the repeal of the former Act continue in force and are to be taken to have been made under this Act.
In any other Act, in any instrument made under any Act or in a document of any kind:
(a) a reference to a public school or State school is to be read as a reference to a government school under this Act, and
(b) a reference to a certified school under the Public Instruction (Amendment) Act 1916 or a school registered under the Bursary Endowment Act 1912 or a school registered under the former Act is to be read as a reference to a registered non-government school under this Act, and
(c) a reference to the Secondary Schools Board or the Board of Senior School Studies or the Board of Secondary Education is to be read as a reference to the Board of Studies under this Act, and
(d) a reference to the school leaving age is to be read as a reference to the age of 15 years.
A certificate of exemption under section 6 of the former Act and in force on the repeal of that Act is to be taken to be a certificate of exemption under section 25 of this Act.
The repeal of section 45A of the Education and Public Instruction Act 1987 does not affect the vesting of land under that section.
The amendment made to section 47 of this Act by the Education Reform Amendment (School Discipline) Act 1995 extends to any school registered before the commencement of that amendment.
Regulations made under section 18 and in force immediately before its amendment by the Education Reform Amendment Act 1997 are taken to have been made under section 18A.
(1) The amendment made by Schedule 2 [6] to the Education Reform Amendment Act 1997 does not affect the term of office being served by a person holding office as a member of the Board immediately before the commencement of that amendment.
(2) A person holding office as President immediately before the commencement of this clause is taken to have been appointed under section 101 as President on a full-time basis for the balance of the term for which he or she was originally appointed as President.
(1) A document issued by the Board as a School Certificate before the commencement of this clause is taken to be a School Certificate validly granted at the time of issue and to be valid on and from the time of issue if the Board was satisfied at the time of issue as to the matters referred to in section 95A (1) (a), (b) and (c).
(2) Subclause (1) does not affect any School Certificate validly granted by the Board before the commencement of this clause.
Sections 8, 10 and 47, as in force immediately before the commencement of Schedule 1 [4], [5], [6], [7] and [9] to the Education Amendment (Non-Government Schools Registration) Act 2004 , continue to apply to and in respect of a non-government school that was a registered non-government school at that commencement for a period of 1 year after the commencement, or for the balance of its current registration (whichever is the shorter).
An amendment made by Schedule 1 [12], [16], [22] or [23] to the Education Amendment (Non-Government Schools Registration) Act 2004 does not apply to or in respect of a certificate of registration or accreditation in force immediately before the commencement of the amendment.
Section 21A, as inserted by the Education Amendment (Financial Assistance to Non-Government Schools) Act 2006 , applies:
(a) in relation to any school that, immediately before the commencement of that section, was a registered non-government school-as from 1 January 2007, and
(b) in relation to any school that is registered as a non-government school after the commencement of that section-as from the date on which it is registered.
The imposition by the Director-General of any fee or other charge that has been paid for or in relation to instruction provided in a government school to an overseas student before the commencement of section 31A (as inserted by the Education Amendment Act 2008 ) is taken to have been lawfully imposed for all purposes.
A district council for an area established and in existence immediately before the amendment of section 115 of this Act by the Education Amendment Act 2008 is taken to be a district council for that area established in accordance with section 115 as amended by that Act.
(1) The amendments made by the Education Amendment Act 2009 do not apply to a child who attained the age of 15 years before 1 January 2010, unless:(a) the child completed Year 10 of secondary education (as referred to in section 21B) during the 2009 school year, or(b) the child was enrolled at a government or registered non-government school at the end of the 2009 school year or was registered for home schooling at the end of 2009.
(2) The regulations may make provision for the purpose of determining whether a child was enrolled at a school at the end of the 2009 school year.
(1) In this Part:
"amending Act" means the Education Amendment (Publication of School Results) Act 2009 .
(2) This Part has effect despite any other Act or law or the decision of any tribunal.
Section 18A (as substituted by the amending Act) extends to school results for testing, examinations and assessments held before the commencement of the amending Act.
Until the repeal of the Freedom of Information Act 1989 , clause 12 of Schedule 1 to that Act applies to a breach of the confidentiality provisions of section 18A of this Act in the same way as it applies to an offence against an Act.
On and from the commencement of the amending Act, clauses 13.2, 13.3 and 36.1.2 of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 cease to have effect.
The amendments made by the Education Amendment (Record of School Achievement) Act 2012 do not apply in relation to Year 11 or Year 12 students in 2012 or Year 12 students in 2013.
The amendments made to Division 1 of Part 8 of this Act by the Education Amendment (Record of School Achievement) Act 2012 do not affect any accreditation in force immediately before the commencement of those amendments. Any such accreditation for the purposes of presenting candidates for the School Certificate is taken to be an accreditation for the purposes of presenting candidates for the Record of School Achievement.
The amendment made to section 11 of this Act by the Education Amendment (Record of School Achievement) Act 2012 does not affect the curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate that is in force immediately before the commencement of that amendment. Any such curriculum is (until duly changed) the curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement.