Education Reform Amendment (Board Inspectors) Act 1997 (NSW)
New South Wales
Education Reform Amendment
(Board Inspectors) Act 1997 No 7
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Education Reform Act 1990 No 8 2
Schedule 1 Amendments 3 New South Wales
Education Reform Amendment
(Board Inspectors) Act 1997 No 7
Act No 7, 1997
An Act to amend the Education Reform Act 1990 with respect to the employment of Board of Studies inspectors. [Assented to 20 May 1997]
| Section 1 | Education Reform Amendment (Board Inspectors) Act 1997 No 7 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Education Reform Amendment (Board Inspectors)
Act 1997.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Education Reform Act 1990 No 8
The Education Reform Act 1990 is amended as set out in
Schedule 1.
Education Reform Amendment (Board inspectors) Act 1997 No 7
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[1] Section 104 Staff of the Board
Omit section 104 (1). Insert instead:
(1) The Board may employ temporarily such persons, to be
known as Board inspectors, as it requires:
(a) to be primarily responsible, under the direction of the Board, for leading statewide developments in school curriculum, and (b) to exercise such functions as the Board may specify in connection with approvals and registrations under Part 7 or accreditations under Part 8, and (c) to exercise such other functions as may be conferred on Board inspectors by this Act or as the Board may determine. Schedule 1A has effect with respect to the employment of Board inspectors in accordance with this subsection. (1A) Such other staff as may be necessary to enable the Board to exercise its functions are to be employed under Part 2 of the Public Sector Management Act 1988. [2] Section 105 Casual staff
Omit “the Executive Director of the Ministry of Education and
Youth Affairs” from section 105 (2) (a).
Insert instead “the Department Head of the Office of the Board”.Education Reform Amendment (Board Inspectors) Act 1997 No 7
| Schedule 1 | Amendments |
Schedule 1A
Insert after Schedule 1:
Schedule 1A Board inspectors
(Section 104)
1 Application of this Schedule
This Schedule applies to Board inspectors employed temporarily in accordance with section 104 (1) , but not to persons exercising any of the functions of Board inspectors in accordance with section 104 (3).
2 Board inspectors are public sector employees
Board inspectors are public sector employees for the purposes of the Industrial Relations Act 1996 or any other Act.
3 Employment to be temporary
(1)
A person may be employed as a Board inspector for a period of up to 5 years determined by the Board, and is eligible (if otherwise qualified) for re-employment for a further such period or periods.
(2) The Board may dispense with the services of a Board
inspector at any time.
4 Conditions of employment
(1)
Except as otherwise determined by or under a State industrial instrument or any other Act or law, a Board inspector has the same conditions of employment regarding:
(a)
rates and conditions of payment of allowances, and
(b)
leave (including extended or long service leave) entitlements, and
(c) public holidays, and (d) attendance at, fitness for and absences from work, as officers of the Public Service, and for that purpose, Schedule 5 to the Public Sector Management Act 1988,
Education Reform Amendment (Board Inspectors) Act 1997 No 7
Amendments Schedule 1 and the provisions of any regulations made under that Act in connection with any of those matters, apply (with any necessary modifications) to the employment of Board inspectors.
(2)
The salary, wages and other conditions of employment of Board inspectors, in so far as they are not fixed by or under this Act, a State industrial instrument or any other Act or law, are to be determined by the Department Head of the Office of the Board.
5 Appointments to be on merit
(1) The basis of selection procedures in connection with employment as a Board inspector is to be the respective merits of applicants for such employment. (2) The merit of an applicant is to be determined having
regard to:
(a) the nature of the duties of a Board inspector, and (b) abilities, qualifications, experience, standard of work performance and personal qualities of the applicant that are relevant to the performance of those duties.
6 Legal proceedings not to be brought in respect of employment or re-employment of Board inspectors
(1)
A decision to employ or a failure to employ a person as a Board inspector, and any matter, question or dispute relating to such a decision or failure, are not industrial matters for the purposes of the Industrial Relations Act 1996.
(2)
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 any decision to employ or any failure to employ a person as a Board inspector, the entitlement or non-entitlement of a person to be so employed or the validity or invalidity of any such employment.
Education Reform Amendment (Board Inspectors) Act 1997 No 7
| Schedule 1 | Amendments |
(3) Subclause (2) does not affect the operation of the Government and Related Employees Appeal Tribunal Act 1980. (4) In this clause, employment includes re-employment.
[4] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Education Reform Amendment (Board Inspectors) Act
1997
[Minister’s second reading speech made in—
Legislative Assembly on 16 April 1997
Legislative Council on 7 May 1997]
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