2004
2004
2005-07-01
act
government
publicspecial
act.reprint
allinforce
2004-10-26
2004-10-26
0
2005-07-01
act-2005-064
2004
none
act-2004-114
3e958bee-5bd1-4dee-9d1c-e3c283477ca9
4c2584ed-a4df-46f0-9bff-ef1eb38dc0eb
Note—
The Act was repealed by Sch 3 to the Statute Law (Miscellaneous Provisions) Act 2005
No 64 with effect from 1.7.2005.
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.
1Name of
Act
This Act is the Teaching Services
Amendment Act 2004.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Teaching Services Act 1980 No
23
The Teaching Services
Act 1980 is amended as set out in Schedule
1.
4Consequential amendment of
other legislation
The Acts and the regulation specified in Schedule
2 are amended as set out in that Schedule.
Schedule 1Amendment 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:
4Definitions
(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.
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 2Director-General
Division 1General functions and related
provisions
6General
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.
7General
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,
(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.
8Delegation 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.
9Acting 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 2Employment
functions
10Definition
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,
(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.
11Director-General to act for
Crown
The Director-General, in exercising a function
under this Division, acts for the Crown.
12Role 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.
13Determination 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.
14Agreements 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.
15Determinations 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:
44The 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 86–88 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”.
[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:
47AAppointment 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.
(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 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”.
[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 3Performance management for
school principals
52Performance 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.
53Performance 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.
(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.
54Dealing 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.
[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
59–59G
Omit the sections.
[31]Section
60
Omit the section. Insert instead:
60Promotion
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.
[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 72–76, 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).
[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”.
[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:
96Evidence 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).
[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 3Provisions consequent on
enactment of Teaching Services Amendment Act
2004
11Definition
In this Part:
amending
Act means the Teaching Services
Amendment Act 2004.
12References 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.
13Continuation 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.
14Performance 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.
15General
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.
Schedule 2Amendment of other
legislation
(Section 4)
2.1Anti-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”.
2.2Education Act 1990 No
8
Section 104 Staff of the
Board
Omit “a teaching service” from
section 104 (2).
Insert instead “the Teaching
Service”.
2.3Education 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”.
[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.
2.4Energy
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”.
2.5Freedom 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
2.6Government 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,
[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
2.7Guardianship 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”.
2.8Health
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).
2.9Independent 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”.
2.10Industrial 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”.
2.11Interpretation 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.
2.12Judicial 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”.
2.13Mental
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”.
2.14Parking 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).
2.15Police
Act 1990 No 47
Section 48
Definitions
Omit “a Teaching” from section 48
(a). Insert instead “the Teaching”.
2.16Privacy 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).
2.17Public
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”.
2.18Public
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”.
2.19Residential 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”.
2.20State
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”.
2.21Teacher 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.
2.22Technical and Further Education Commission Act
1990 No 118
Section 21 Use of staff or
facilities of Departments etc
Omit
“Education”.
2.23Transferred 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.
2.24Treasury 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”.
2.25Zoological 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”.
Historical
notes
Table of amending
instruments
Teaching Services
Amendment Act 2004 No 114. Second reading speech made:
Legislative Assembly, 26.10.2004; Legislative Council, 10.12.2004. Assented to
21.12.2004. Date of commencement, 17.1.2005, sec 2 and GG No 7 of 14.1.2005, p
97.