Education Commission (Amendment) Act 1980 (NSW)

E D U C A T I O N COMMISSION ( A M E N D M E N T ) A C T ,

1980 , N o . 9 9

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act N o . 9 9 , 1980 .

An Act to amend the Education Commission Act, 1980, to provide for appointments of principals of certain high schools. [Assented to, 1st May, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Education Commission

(Amendment) Act, 1980".

1. (1 ) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided by subsection ( 1 ) , this Act shall commence on the day appointed and notified under section 2 ( 2 ) of the Education Commission Act, 1980.

3.      The Education Commission Act, 1980, is amended—

(a)	(i)	by omitting from section 59 (2) the word "Where" and by inserting instead the words "Except as provided where"; by subsections ( 2 A ) , ( 2B ) and ( 2 c ) ,
(ii)	by inserting after section 59 (2) the following subsections :—
(2A ) Where there is a vacancy in the position of principal of a girls' high school, the Director- General shall, if he is of the opinion that the vacancy should be filled, appoint to the vacant position a female officer whose name is on the promotions list from which officers are appointed to

the position of principal of a high school, regard being had to the relative seniority and fitness res­ pectively of female officers whose names are on that promotions list.

( 2B ) Subsection (2A ) does not apply where the

promotions list referred to in that subsection—

(a)	does not include the name of a female officer; or
(b)	does include the name of a female officer or the names of female officers but the female officer does not apply for or accept appointment to the vacancy or none of those female officers applies for or accepts appointment to the vacancy.

(2c) Where there is a vacancy in the position of principal of a boys' high school, the Director- General shall, if he is of the opinion that the vacancy should be filled, appoint to the vacant position a male officer whose name is on the promotions list from which officers are appointed to the position of principal of a high school, regard being had to the relative seniority and fitness respectively of male officers whose names are on that promotions list.

(iii)	by inserting in section 59 (3) after the matter
"subsection (2) ( a ) " the matter ", (2A ) or ( 2 c ) " ;

(b) (i) by omitting from section 62 (2) the words "or determination, as referred to in section 60," and by inserting instead the words ", made pursuant to section 59,";

(ii)   by inserting after section 62 (2) the following subsection :—

(3) Subsection (2) does not operate so as to enable the making of an appeal against a decision referred to in that subsection—

(a)	by a male officer, where the decision is to appoint a female officer to the position of principal of a girls' high school; or
(b)	by a female officer, where the decision is to appoint a male officer to the position of principal of a boys' high school.