New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"appeal" means an appeal under section 20 or 24.
"association of employees" means an industrial union whose name for the time being is included in Schedule 3.
"Chairperson" means a person for the time being appointed as a Chairperson of the Tribunal under section 10 (1).
"employee" means:

(a) a person who is an officer, or a temporary employee, within the meaning of the Public Sector Employment and Management Act 2002 (other than a temporary employee who is employed under Part 2.5 of that Act as a special temporary employee),

(a1) a person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service other than a Department within the meaning of that Act,

(a2) a person who is employed under Part 1 of Chapter 9 of the Health Services Act 1997 in the NSW Health Service to enable a public health organisation to exercise its functions,

(b) a person who is an officer, or a temporary employee, within the meaning of the Teaching Service Act 1980 ,

(c) a person who is employed, whether permanently or otherwise, in the service of an employing authority,

(d) a person who is employed, whether permanently or otherwise:

(i) as an officer of either House of Parliament, or

(ii) in any position under the separate control of the President of the Legislative Council or Speaker of the Legislative Assembly, or under their joint control, or

(e) a person (not being a person to whom paragraph (a), (a1), (a2), (b), (c) or (d) applies) who is employed in the service of the Crown but not in the Public Service or by an employing authority.

"employer" means:

(a) in relation to an employee of the class referred to in paragraph (a) of the definition of “employee”:

(i) for the purposes of those provisions of this Act relating to the membership and constitution of the Tribunal-the Director of Public Employment (within the meaning of the Public Sector Employment and Management Act 2002 ), 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 of Public Employment (within the meaning of the Public Sector Employment and Management Act 2002 ) or the appropriate Department Head within the meaning of the Public Sector Employment and Management Act 2002 ,

(a1) in relation to an employee of the class referred to in paragraph (a1) of that definition-the appropriate Division Head within the meaning of the Public Sector Employment and Management Act 2002 ,

(a2) in relation to an employee of the class referred to in paragraph (a2) of that definition-the Director-General of the Department of Health,

(b) in relation to an employee of the class referred to in paragraph (b) of that definition-the Director-General of the Department of Education and Training,

(c) in relation to an employee of the class referred to in paragraph (c) of that definition, the employing authority in whose service the employee is employed,

(d) in relation to an employee of the class referred to in paragraph (d) of that definition:

(i) where the employee is an officer of the Legislative Council or under the separate control of the President of the Legislative Council-the President,

(ii) where the employee is an officer of the Legislative Assembly or under the separate control of the Speaker of the Legislative Assembly-the Speaker, or

(iii) where the employee is under the joint control of the President of the Legislative Council and the Speaker of the Legislative Assembly-the President and Speaker jointly, and

(e) in relation to an employee of the class referred to in paragraph (e) of that definition:

(i) for the purposes of those provisions of this Act relating to the membership and constitution of the Tribunal-the Public Employment Office, and

(ii) for the purposes of those provisions of this Act relating to the making of appeals and the hearing of appeals-the person in whose service the employee is employed.

"employing authority" means, subject to subsection (8), a person whose name is included in Schedule 4.
"function" includes powers, authorities and duties.
"industrial union" means:

(a) an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 , and

(b) an association of employees registered as an organization under the Conciliation and Arbitration Act 1904 , as subsequently amended, of the Parliament of the Commonwealth.

"judicial office" has the same meaning as in section 52 (1) of the Constitution Act 1902 .
"notice of appeal" means a notice of appeal lodged with the Registrar under section 28.
"office" includes position.
"Registrar" means the person for the time being appointed, as referred to in section 18, as Registrar of the Tribunal.
"regulation" means a regulation under this Act.
"Senior Chairperson" means the person for the time being appointed as Senior Chairperson of the Tribunal under section 7 (1).
"Tribunal" means the Government and Related Employees Appeal Tribunal established under section 5 (1).

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.

(3) A reference in this Act to:

(a) the appointment of an employee to fill a vacant office includes a reference to the appointment of an employee to a higher position, and

(b) a vacant office includes a reference to a higher position the subject of an appointment referred to in paragraph (a).

(4) A reference in this Act to the hearing of an appeal includes a reference to the determination of the appeal and the hearing and determination of any business arising out of the appeal.

(5) A reference in this Act to an approved form is a reference to a form in or to the effect of a form approved by the Senior Chairperson.

(6) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 3:

(a) by inserting therein the name of any industrial union whose members, in the opinion of the Governor, consist of, or consist of a substantial number of, employees,

(b) by omitting therefrom the name of any industrial union whose members, in the opinion of the Governor, no longer consist of a substantial number of employees, or

(c) by omitting therefrom the name of any industrial union which has changed its name or has amalgamated with one or more other industrial unions if the industrial registrar under the Industrial Arbitration Act 1940 has made the record required by that Act of the change or amalgamation and by inserting therein the changed name of the industrial union or the name of the industrial union which comprises the industrial unions which have amalgamated, as the case may require.

(7) Where the industrial registrar under the Industrial Relations Act 1996 has made the record required by that Act of the change of name of an industrial union whose name, before the change, was included in Schedule 3 or of the amalgamation, with one or more other industrial unions, of an industrial union whose name, before the amalgamation, was included in that Schedule, the industrial union which bears the changed name or which comprises the industrial unions which have amalgamated, as the case may be, shall be deemed to be an association of employees within the meaning of this Act.

(8) Where the name of a person is included in Schedule 4 in respect of a person or class of persons, the firstmentioned person is, for the purposes of this Act, an employing authority only in respect of that other person or class of persons.

(9) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 4:

(a) by inserting therein:

(i) the name of any person, whether or not in respect of any other person or class of persons, or

(ii) in respect of an employing authority, a person or class of persons,

(b) by omitting therefrom:

(i) the name of any person, whether or not in respect of any other person or class of persons, or

(ii) in respect of an employing authority, a person or class of persons, or

(c) by altering:

(i) the name of any person, or

(ii) a class of persons.

(10) A reference in this Act to the selection of a member of the Tribunal as an employer’s representative or an employee’s representative includes a reference to the selection of such a member by a person authorised in that behalf by the employer or the association of employees, as the case may be, entitled in accordance with this Act to make the selection.

(11) The Senior Chairperson or a Chairperson may be referred to as the Senior Chairman, Senior Chairwoman, Chairman or Chairwoman, as the case requires.

(12) Notes included in this Act do not form part of this Act.