Industrial Relations (General) Amendment (Transitional) Regulation 2010 (NSW)

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2010 No 592

New South Wales

Industrial Relations (General)

Amendment (Transitional) Regulation

2010

under the

Industrial Relations Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.

PAUL LYNCH, MP

Minister for Industrial Relations

Explanatory note
The object of this Regulation is to make provision of a transitional nature consequent on the enactment of the Industrial Relations Amendment (Public Sector Appeals) Act 2010. It will preserve certain leave, superannuation and other entitlements held by certain former Chairpersons of the Government and Related Employees Appeal Tribunal immediately before the repeal of the Government and Related Employees Appeal Tribunal Act 1980 by that Act.

This Regulation is made under the Industrial Relations Act 1996, including section 407 (the general regulation-making power) and, in particular, clause 2 (1) and (2) of Schedule 4.

Published LW 15 October 2010 Page 1
2010 No 592
Clause 1 Industrial Relations (General) Amendment (Transitional) Regulation 2010

Industrial Relations (General) Amendment

(Transitional) Regulation 2010

under the

Industrial Relations Act 1996

1      Name of Regulation

This Regulation is the Industrial Relations (General) Amendment
(Transitional) Regulation 2010.

2      Commencement

This Regulation is taken to have commenced on 1 July 2010 and is required to be published on the NSW legislation website.

2010 No 592

Industrial Relations (General) Amendment (Transitional) Regulation 2010

Amendment of Industrial Relations (General) Regulation 2001 Schedule 1
Schedule 1 Amendment of Industrial Relations
(General) Regulation 2001

Clause 44 Savings and transitional provisions

Insert after clause 44 (4):

(5) Despite the repeal of the Government and Related Employees Appeal Tribunal Act 1980, clauses 10 and 11 of Schedule 1 to that Act (the preserved provisions) continue to have the same effect after that repeal in relation to a person holding office as Senior Chairperson or Chairperson of the Government and Related Employees Appeals Tribunal immediately before that repeal who is appointed as an acting Commissioner (an affected person) as they had in relation to that person in relation to his or her appointment as Senior Chairperson or Chairperson. For that purpose, those clauses are taken to be part of this Regulation.
(6) For the purposes of subclause (5), a reference in the preserved
provisions to:
(a) the Tribunal—is taken to be a reference to the Commission, and
(b) the Chairperson—is taken to be a reference to an affected person who is appointed as an acting Commissioner.
(7) An affected person retains any right to annual leave, extended leave or sick leave accrued or accruing to the affected person under the Government and Related Employees Appeal Tribunal Act 1980 immediately before its repeal.
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