Commonwealth Teaching Service Act 1973 (Cth)
To amend the
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BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
(2) The
(3) The
Principal Act, as amended by this Act. may be cited as the
(2) Sub-section 3(1) and section 5 shall come into operation on a date to be fixed by Proclamation.
“Division 5—Special Provisions relating to Female Officers (Section 33).”.
(2) Section 3 of the Principal Act is amended by inserting after the words—
“Division 7—Powers and Functions of the Commonwealth Conciliation and Arbitration Commission in respect of the Service (Sections 38–43).”
the words—
“Division 8—Special Provisions with respect to Superannuation (Sections 43a–43n).”.
(a) by omitting the definition of “teaching duties” and substituting the following definition:—
“‘teaching duties’ includes—
(a) the administration of a school; and
(b) other duties connected with the teaching or other services provided at a school, being duties for the performance of which experience as a teacher is an advantage;”; and
(b) by adding at the end thereof the following sub-section:—
“(2) In this Act, a reference to teaching duties in a school includes—
(a) the inspection or supervision of persons engaged in teaching duties; and
(b) other duties connected with the teaching or other services provided by an authority conducting two or more schools, being duties for the performance of which experience as a teacher is an advantage.”.
“
“43a. (1) In this Division, unless the contrary intention appears—
‘eligible teacher’ means a person who—
(a) is a member of the Service who became such a member after the commencement of this Division but before 1st January, 1974; and
(b) was, immediately before becoming a member of the Service—
(i) employed in a full-time capacity on teaching duties in a Commonwealth school in the Australian Capital Territory and contributing to the State Superannuation Fund of the State of New South Wales; or
(ii) employed in a full-time capacity on teaching duties in a Commonwealth school in the Northern Territory of Australia and contributing to the South Australian Superannuation Fund;
‘prescribed amount’, in relation to an eligible teacher, means the amount paid to the teacher from the State Fund upon his ceasing to be a contributor to that fund other than any amount so paid—
(a) in respect of contributions for reserve units of pension paid by him to the State Fund;
(b) in respect of contributions paid by him to the State Fund by way of voluntary savings; and
(c) in the case of an eligible teacher who was a contributor to the South Australian Superannuation Fund—in respect of an amount standing to his credit in an account to which Part VII of the Superannuation Act, 1969-1972 of the State of South Australia applies;
‘prescribed teacher’ means an eligible teacher who has made an election, and a payment to the Board in accordance with subsection (1) of section 43d;
‘relevant date’, in relation to an eligible teacher, means the date on which the teacher becomes a member of the Service;
‘State Fund’ means—
(a) in relation to an eligible teacher who was, immediately before the relevant date, employed by the State of New South Wales—the State Superannuation Fund of that State; and
(b) in relation to an eligible teacher who was, immediately before the relevant date, employed by the State of South Australia—the South Australian Superannuation Fund;
‘State teaching service’ means the teaching service of the State of New South Wales or of the State of South Australia, as the case may be;
‘Superannuation Act’ means the
Superannuation Act 1922–1973.
“(2) In this Division, a reference to contributions paid by an eligible teacher to the State Fund for reserve units of pension is a reference to contributions paid by an eligible teacher to the State Fund that are of a similar nature to contributions under the Superannuation Act for reserve units of pension.
“(3) For the purpose of this Division, an eligible teacher shall be deemed not to have been contributing to the State Fund immediately before the relevant date by reason of the fact that he was making contributions to the State Fund of a similar nature to contributions to the Provident Account under Part V of the Superannuation Act.
“43b. This Division is incorporated and shall be read as one with the Superannuation Act.
“43c. Part VIII of the Superannuation Act does not apply to or in relation to an eligible teacher.
“43d. (1) An eligible teacher may elect, within three months after the relevant date, to contribute to the Fund in accordance with this section and may pay to the Board an amount equal to the prescribed amount within that period or within such further period as the Board allows.
“(2) Notwithstanding section 5 of the Superannuation Act, a prescribed teacher shall be liable to make, and, from and including the relevant date, shall be deemed to have been liable to make, contributions to the Fund for so many units of pension (including, where necessary, a fraction of a unit) as the Board determines will entitle him to benefits equivalent to those to which he would have been entitled if he had continued to contribute to the State Fund at the rate at which he was contributing to the State Fund immediately before the relevant date, and his contributions for those units of pension shall be at that rate.
“(3) Subject to sub-section (6), where, immediately before the relevant date, the benefits for which a prescribed teacher was entitled to contribute to the State Fund exceeded the benefits for which be was contributing to that fund, he may, at any time while he is a contributor to the Fund, elect to contribute to the Fund for so many additional units of pension (including, where necessary, a fraction of a unit) as the Board determines will entitle him to benefits equivalent to that excess.
“(4) An election under sub-section (3) does not have effect in relation to a prescribed teacher unless, not later than six months after the date on which the election is made, he satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the teacher as a member of the Forces as defined in sub-section (2) of section 147 of the Superannuation Act) likely to render him incapable of performing his duties before attaining the maximum age for retirement.
“(5) A prescribed teacher shall, for the purposes of this Division and at Act, be deemed to be a contributor—
(a) in the case of a female employee who contributed to the State Fund for pension on retirement at the age of fifty-five years— at rates based on a retiring age of sixty years; or
(b) in any other case—at rates based on the same retiring age as the age at which the employee was, under the laws governing the conduct of the State Fund, entitled to retire on full pension benefit.
“(6) Where the number of units of pension for which a prescribed teacher is, upon becoming a member of the Service, liable to contribute to the Fund by virtue of section 20 of the Superannuation Act exceeds the number of units of pension for which he is liable to contribute to the Fund by virtue of sub-section (2) of this section, sub-section (2) does not affect his liability to contribute for the excess (in this sub-section referred to as ‘additional units of pension’), but, if he attained the age of forty years before the relevant date—
(a) he shall not contribute for those additional units of pension unless, not later than six months after the relevant date, he satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties before attaining the maximum age for retirement; and
(b) section 20a of the Superannuation Act applies to and in relation to those additional units of pension as if they were additional units of pension for which, he is required to contribute by reason of an increase in his salary since the attainment by him of the age of forty years.
“(7) Where, at any time, the number of units of pension for which a prescribed teacher is liable to contribute under sub-section (2) exceeds the number of units of pension for which the teacher would, apart from that sub-section, be required to contribute under section. 20 of the Superannuation Act, the teacher is not entitled to contribute for any units, other than reserve units, in excess of the first-mentioned number of units.
“(8) Nothing in the Superannuation Act shall be taken to require or permit a reduction in the number of units of pension for which a prescribed teacher is a contributor to a number that is less than the number of units of pension for which he is liable to contribute under sub-section (2).
“(9) For the purposes of this section, a reference to the rate at which a prescribed teacher was contributing to the State Fund does not include the rate of any contributions that were being paid by him to the State Fund for reserve units of pension.
“43e. (1) Where a prescribed teacher was contributing to the State Fund for benefits referred to in the law of the State concerned as limited benefits—
(a) benefits in respect of the units of pension for which he is liable to contribute under sub-section (2) of section 43d are only payable to or in relation to the teacher in the circumstances in which benefits would have been payable to or in relation to him out of the State Fund under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund for those limited benefits; and
(b) the benefits that are payable in respect of those units to or in relation to the teacher in any such circumstances are the benefits
determined by the Board to be the equivalent of the benefits that would be payable to or in relation to him out of the State Fund under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund for those limited benefits at the same rate as the rate at which he was contributing for them immediately before the relevant date.
“(2) Sub-section (1) does not apply to a prescribed teacher who has satisfied the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties before attaining the maximum, age for retirement.
“43f. In the application of the Superannuation Act to and in relation to a prescribed teacher—
(a) the reference in paragraph (a) of section 48
b of that Act to the period of three years after the obligation of a contributor to contribute to the Fund under Part III of that Act came into existence shall be read as a reference to the period of three years after the teacher’s obligation to contribute to the State Fund came or last came into existence;(b) the references in paragraphs (b) and (c) of section 48bof that Act to the medical examination referred to in sub-section (1) or (2) of section 5 of that Act shall be read as a reference to the medical examination by virtue of the results of which the teacher was accepted or last accepted as a contributor to the State Fund; and
(c) the period during which the teacher was contributing to the State Fund shall be taken into account, for the purposes of section 50 of that Act, as if it were a period during which he was contributing to the Fund.
“43g. Upon the payment by a prescribed teacher to the Board of the prescribed amount—
(a) so much of that amount as was based upon contributions made by him to the State Fund shall be paid by the Board to the Fund and, when so paid, shall be deemed, for the purposes of the Superannuation Act, to be contributions made to the Fund by the prescribed teacher; and
(b) so much of that amount as was not based upon contributions made by him to the State Fund shall be paid by the Board to the Commonwealth.
“43h. Where a prescribed teacher ceases to be a contributor to the Fund and, by virtue of the Superannuation Act, there is payable to or in relation to him a refund of the contributions paid by him to the Fund—
(a) there is payable out of the Fund to or in relation to that prescribed teacher, in addition to that refund of contributions, an amount equal to the part of the prescribed amount that was paid by the Board to the Commonwealth in accordance with paragraph (b) of section 43g; and
(b) an amount equal to the amount payable out of the Fund in accordance with paragraph (a) is payable by the Commonwealth to the Fund.
“43j. (1) In the application of Division 2 of Part Xa of the Superannuation Act to and in relation to a prescribed teacher, a reference in that Division to the number of units of pension for which he would, but for that Division, be required to contribute to the Fund shall be read as not including the number of units of pension for which he is contributing to the Fund by virtue of sub-section (1) or (2) of section 43d.
“(2) Section 119p of the Superannuation Act applies to a prescribed teacher as if paragraph (a) of sub-section (5) were omitted.
“43k. Where a pension becomes payable under the Superannuation Act to or in relation to a prescribed teacher, each payment that is required by section. 33 of that Act to be made by the Commonwealth to the Fund in respect of that prescribed teacher shall be increased by such amount, if any, as the Board determines to be necessary by reason of the prescribed teacher having contributed to the Fund at rates less than those at which, but for this Division, he would have been required to contribute.
“43l. Where, within five years after a prescribed teacher became or last became a contributor to the State Fund, the teacher is retired on the ground of invalidity or of physical or mental incapacity to perform his duties, or the teacher dies, and a pension is payable to or in relation to the teacher, the pension shall be paid from the Fund and the Commonwealth shall pay to the Fund the amount by which the proportion of the pension equivalent to the contributions made by or in respect of the prescribed teacher is less than the amount of the pension.
“43m. (1) This section applies to an eligible teacher (other than a prescribed, teacher) who is, or would but for this section be, a contributor to the Fund.
“(2) If at any time the number of units of pension for which an eligible teacher to whom this section applies would, but for this section, be required by the Superannuation Act to contribute to the Fund does not exceed the number of units of pension (including, where necessary, a fraction of a unit) determined by the Board to be the number of units of pension that would entitle that teacher to benefits equivalent to the benefits to which he would be entitled under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund at the rate at which he was contributing to the State Fund immediately before the relevant date, the teacher shall not be required or permitted to contribute to the Fund under the Superannuation. Act at that time in respect of units of pension.
“(3) If at any time the number of units of pension for which an eligible teacher to whom this section applies would, but for this section, be required by the Superannuation Act to contribute to the Fund exceeds the number of units of pension determined by the Board for the purpose of
sub-section (2), the teacher shall not be required or permitted to contribute to the Fund at that time in respect of a number of units of pension greater than the excess.
“(4) In the application of Division 2 of Part Xa of the Superannuation Act to and in relation to an eligible teacher to whom this section applies, a reference in that Division to the number of units of pension for which he would, but for that Division, be required to contribute to the Fund shall be read as a reference to the number of units of pension ascertained by subtracting from the number of units of pension for which he would, but for this section and for that Division, be required to contribute to. the Fund the number of units of pension determined by the Board for the purpose of sub-section (2) of this section.
“(5) In this section, a reference to the rate at which an eligible teacher to whom this section applies was contributing to the State Fund does not include the rate of any contributions that were being paid by him to the State Fund for reserve units of pension.
“43n. Where a temporary employee who was engaged as a temporary employee after the commencement of this Division but before 1st January, 1974, and is required by the terms of his employment to give the whole of his time to the duties of his employment—
(a) immediately before being engaged as a temporary employee—
(i) was employed by the State of New South Wales, otherwise than in a permanent capacity, on teaching duties in a Commonwealth school in the Australian Capital Territory but was not a contributor to the State Superannuation Fund of that State; or
(ii) was employed by the State of South Australia, otherwise than in a permanent capacity, on teaching duties in a Commonwealth school in the Northern Territory of Australia but was not a contributor to the South Australian Superannuation Fund; and
(b) was, while so employed by that State, required by the terms of his employment to give the whole of his time to the duties of his employment,
the period during which he was continuously so employed by the State immediately before he was engaged as a temporary employee shall be deemed, for the purposes of sub-section (5) of section 4 of the Superannuation Act, to be a period of employment by the Commonwealth.”.
“(aa) the payment by the Commonwealth of an allowance in respect of books and equipment at such rate as is determined in accordance With the regulations;
“(ab) where payment may, under the regulations, be made in respect of expenses incurred by the holder of a scholarship for accommodation while he is engaged, under supervision, in. teaching at a school—the payment by the Commonwealth of such amounts in respect of those expenses as are determined in accordance with the regulations;”.
formal amendments
1. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring):—
Sections 2(1), 14, 15(4), 19(1), 20(2)(e), 23(2), 26(4), 30(6), (7) and (10), 32(3), 35(4), (6), (7) (a) and (b), (8)(a) and (10)(g), 36(1), 37(6), (7) and (10), 39(4) and (5) and 50.
2. Section 8 of the Principal Act is amended by omitting from sub-section (1) all the words from and including the word “but”.
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