New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 103)
In this Schedule:
"Commission" means the Education Commission of New South Wales as constituted
in accordance with this Act immediately before the relevant commencement.
"relevant commencement" means the commencement of Schedule 1 (7) to the 1988
Act.
"the 1988 Act" means the Education Commission (Amendment) Act 1988 .
(1) The regulations made by the Governor may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:The 1988 ActMiscellaneous Acts (Education Commission) Amendment Act 1988Teaching Services Amendment Act 2004Education Legislation Amendment (Staff) Act 2006 , but only to the extent that it amends this ActEducation Legislation Amendment Act 2006
(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.
(1) Despite the repeal of the Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 , clauses 4-6 and 16 of Schedule 3 to that Act continue to have effect and are taken to have been transferred to this Act.
(2) Clauses 4-6 and 16 of Schedule 3 to the Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
On the relevant commencement, the Commission is abolished.
(1) A person who, immediately before the relevant commencement, held office as a member of the Commission:(a) ceases to hold office as such on that commencement, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(2) Nothing in this clause affects any arrangement for the appointment of any such person to a position in the service of the Government.
On and from the relevant commencement, a reference in any other Act, or in any instrument made under any Act or in any other instrument of any kind, to the Commission, to the Chairman of the Commission or to a member of the Commission shall be read as a reference to the Secretary.
On and from the relevant commencement, any assets, rights, liabilities or obligations of the Commission shall become assets, rights, liabilities or obligations of the Crown.
Any agreement between the Commission and an association or organisation made under section 26 and in force immediately before the relevant commencement shall be taken to be, after that commencement, an agreement between the Secretary and the association or organisation made under that section, as amended by the 1988 Act.
Any determination of conditions of employment under section 25, 47 (4), 50 (4), 55 (4) or 58 (4) made by the Commission and in force immediately before the relevant commencement shall be taken to be, after that commencement, a determination made by the Secretary under the section concerned, as amended by the 1988 Act.
Any delegation under section 34 made by the Commission and in force immediately before the relevant commencement shall (if the function delegated is exercisable by the Secretary) be taken to be, after that commencement, a delegation made by the Secretary under section 28A, as inserted by the 1988 Act.
On the relevant commencement, the Education Commission (Teaching Services Elections) Regulation 1980 is repealed.
In this Part:
"amending Act" means the Teaching Services Amendment Act 2004 .
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.
(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.
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.
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.
In this Part:
"amending Act" means the Education Legislation Amendment (Staff) Act 2006 .
(1) Any performance improvement program implemented (but not completed) in relation to a school principal under Division 3 of Part 4 of this Act (as in force immediately before the repeal of that Division by the amending Act) is to be completed under Part 4A of this Act as if the program had been implemented under that Part.
(2) Any action pending, or any process leading up to the taking of any action, in relation to a school principal under Division 3 of Part 4 of this Act (as in force immediately before the repeal of that Division by the amending Act) is to be completed under Part 4A of this Act as if the action or process was initiated under that Part.
Part 4A of this Act extends to conduct occurring before the commencement of that Part.
If an officer or temporary employee has been charged with a breach of discipline under Division 6 of Part 4 of this Act that has not been finally determined before the repeal of that Division by the amending Act, the breach of discipline is to continue to be dealt with under the provisions of that Division as if it had not been repealed.
Any breach of discipline being dealt with in accordance with clause 14 (2) of the Teaching Service Regulation 2001 before the repeal of that subclause by the amending Act is to be dealt with under Part 4A of this Act as if the breach of discipline was the subject of an allegation of misconduct made under that Part.
(1) Any regulation under this Act that was made, or that purports to have been made, before the date of assent to the Education Legislation Amendment Act 2006 , whether by the Governor or by the Director-General:(a) in relation to matters arising before that date, is taken to have been validly made and always to have had effect regardless of by whom it was made, and(b) in relation to matters arising on or after that date, is taken to have been validly made and has effect, and may be repealed or amended, as if it had been made by the Governor.
(2) Anything done or omitted to be done in accordance with, or in contravention of, a regulation referred to in subclause (1) has the same effect, and is taken always to have had the same effect, as it would have had were this clause to have been in force when it was done or omitted to be done.
(3) Any reference in this clause to making a regulation includes a reference to approving the making of a regulation.