Government and Related Employees Appeal Tribunal Amendment Act 1996 (NSW)

New South Wales

Government and Related Employees

Appeal Tribunal Amendment Act

1996 No 12

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Government and Related Employees
Appeal Tribunal Act 1980 No 39	2

Schedule 1	Amendments	3
New South Wales

Government and Related Employees
Appeal Tribunal Amendment Act

1996 No 12

Act No 12, 1996

An Act to amend the Government and Related Employees Appeal Tribunal Act 1980 in relation to the office of Senior Chairperson of the Government and Related Employees Appeal Tribunal, and for other purposes. [Assented to 5 June 1996]

Sect ion 1 Government and Related Employees Appeal Tribunal Amendment Act 1996 No 12

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Government and Related Employees Appeal

Tribunal Amendment Act 1996.

2 Commencement

This Act commences on the date of assent.

3 Amendment of Government and Related Employees Appeal Tribunal Act 1980 No 39

The Government and Related Employees Appeal Tribunal Act

1980 is amended as set out in Schedule 1.

Government and Related Employees Appeal Tribunal Amendment Act 1996 No 12

Amendments	Schedule 1
Schedule 1 Amendments

(Section 3)

[1]        Section 4 Definitions

Insert in section 4 (1) in alphabetical order:

judicial office has the same meaning as in section 52 ( 1 )

of the Constitution Act 1902.

[2]        Section 7 Senior Chairperson

Omit section 7 (2). Insert instead:

(2)

A person is qualified to be appointed as the Senior
Chairperson if the person:

(a)	holds or has held a judicial office, or
(b)	is a legal practitioner of at least 7 years’ standing.

[3]        Section 10 Chairperson

Omit “and, if the person is a Judge of the Supreme Court or a member of the Industrial Commission of New South Wales, the person has not attained the age of 65 years” from section 10 (2).

[4]        Section 13 Constitution of the Tribunal

Omit “a barrister admitted by, or a solicitor of, the Supreme Court or a person qualified to be admitted as a barrister by, or a solicitor of, that Court” from section 13 (2).

Insert instead “a legal practitioner within the meaning of the Legal

Profession Act 1987 or a person qualified to be admitted as such a

legal practitioner”.

Government and Related Employees Appeal Tribunal Amendment Act 1996 No 12

Schedule 1 Amendments

[5]        Schedule 1 Provisions relating to the offices of Senior Chairperson and Chairperson

Omit “or a magisterial office” wherever occurring in clauses 2, 3 , 4 ,

5, 10 and 11.

1. Schedule 1, clause 1A

   Insert after clause 1:

   1A Application of Schedule to Senior Chairperson

   The following clauses of this Schedule apply to the Senior Chairperson in the same way as they apply to a Chairperson, and accordingly references in those clauses to a Chairperson include a reference to the Senior Chairperson.

2. Schedule 1, clause 2 Appointment of holder of judicial office

   Omit “the Senior Chairperson or” wherever occurring in clause 2 (1) and (2).

   Schedule 1, clause 2 (3)

   Omit “Senior Chairperson or”.

   Schedule 1, clause 2 (3)

   Omit “or magisterial office, as the case may be”.

Schedule 1, clause 6 Retirement of Senior Chairperson
Omit the clause.
Page	4
Government and Related Employees Appeal Tribunal Amendment Act 1996 No 12
Amendments Schedule 1

Schedule 1, clause 7 Removal of holder of judicial office

Omit “the Senior Chairperson or”.

Schedule 1, clause 9 Vacation of office by Chairpersons not

being holders of judicial office

Omit clause 9 (b). Insert instead:

(b) if the person engages (whether in New South Wales or elsewhere) during the term of office in any paid employment outside the duties of the office,

[Minister’s second reading speech made in—

Legislative Assembly on 1 May 1996 Legislative Council on 29 May 1996]