New South Wales Consolidated Acts

INSTITUTE OF TEACHERS ACT 2004 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 53)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Institute of Teachers Amendment Act 2008

(2) Any such provision may, if the regulations so provide, take effect from 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 its publication, or

(b) to impose liabilities 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 its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Interim Council

(1) Until such time as the elected members of the Council are elected in accordance with section 13 (1) (a), the Council is to consist of such members as may be appointed by the Minister.

(2) Schedule 2 to this Act applies, with such modifications as are necessary, to and in respect of any such interim Council.

Part 3 - Provisions consequent on enactment of Institute of Teachers Amendment Act 2008

3 Definition

In this Part, "amending Act" means the Institute of Teachers Amendment Act 2008 .

4 Application of amendments to existing teachers

Paragraph (d) of the definition of "new scheme teacher" (as inserted by the amending Act) in section 28 does not apply to a person’s absence from actual classroom teaching during any period occurring before the relevant date (within the meaning of section 28 as amended by that Act) if the person was still employed as a teacher during that period.

5 Suspension and revocation of accreditation

A provision of section 24 or 24A (as inserted by the amending Act) extends to offences committed before the commencement of the provision and conduct occurring before that commencement.

6 Contracts, agreements and industrial instruments

Section 47 (2) (as substituted by the amending Act) applies to a contract, agreement or industrial instrument whether made or entered into before, on or after the substitution of that subsection.