Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 (NSW)
M I S C E L L A N E O U S A C T S ( E D U C A T I O N COMMISSION)
R E P E A L A N D A M E N D M E N T A C T , 1980 , N o . 2 4 ANNO VICESIMO NONO
ELIZABETHE II REGINE
Act N o . 2 4 , 1980 .
An Act to repeal certain Acts and amend certain other Acts, consequent on the enactment of the Education Commission Act, 1980, and to enact savings, transitional and other provisions consequent on that enactment. [Assented to, 16th April, 1980.]
| 90245H-16 |
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 :—
This Act may be cited as the "Miscellaneous Acts (Educa tion Commission) Repeal and Amendment Act, 1980".
1.
2. (1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided by subsections ( 1 ) , ( 3 ) , (4) and ( 5 ) , this Act shall commence on the day appointed and notified under section 2 (2) of the Education Commission Act, 1980.
(3) The amendments made by section 5 and Schedule 2 to the Crown Employees Appeal Board Act, 1944, shall not commence unless the day appointed and notified under section 2 (2) of the Education Commission Act, 1980, is earlier than the day appointed and notified under section 2 (2) of the Government and Related Employees Appeal Tribunal Act, 1980.
(4) The amendment made by section 5 and Schedule 2 to section 5 (1) of the Higher Education Act, 1975, shall com mence on such day (being not earlier than the day appointed and notified under section 2 (2) of the Education Commission Act, 1980) as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(5) Where the day appointed and notified under section
2 (2) of the Government and Related Employees Appeal Tribunal
Act, 1980, is—
(a)
not later than the day appointed and notified under section 2 (2) of the Education Commission Act, 1980, section 7 and Schedule 4 shall commence on the day appointed and notified under section 2 (2) of the Education Commission Act, 1980; or
(b)
later than the day appointed and notified under section 2 (2) of the Education Commission Act, 1980, section 7 and Schedule 4 shall commence on the day appointed and notified under section 2 (2) of the Government and Related Employees Appeal Tribunal Act, 1980.
3 . This Act contains the following Schedules :—
SCHEDULE 1 . — R E P E A L S . SCHEDULE 2 . — A M E N D M E N T S . SCHEDULE 3.—SAVINGS, TRANSITIONAL AND O T H E R PRO VISIONS.
SCHEDULE 4 . — F U R T H E R A M E N D M E N T S . 4 . Each Act specified in Column 1 of Schedule 1 is, to the
extent specified opposite that Act in Column 2 of Schedule 1,
repealed.
5 . Each Act specified in Schedule 2 is amended in the manner
set forth in Schedule 2.
6 . Schedule 3 has effect.
| 7 . |
|
| Act, | 1 9 8 0 , is repealed. |
(2) Each Act specified in Schedule 4 is amended in the
manner set forth in Schedule 4.
S C H E D U L E 1. R E P E A L S .
Column 1. Column 2.
| number of Act. | | | Short title of Act. | | Extent of repeal. |
| 1969, No. 75 | Board of Teacher Education Act, 1969 | . . | The whole Act. |
| 1970, No. 4 | . . | Teaching Service Act, 1970 | . . | . . | The whole Act. |
| 1971, No. 6 | . . | Public Service and Other Statutory Bodies Section 3. |
(Extended Leave) Amendment Act,
1971.
| 1972, No. 5 | . . | Teaching Service (Amendment) Act, 1972 The whole Act. |
| 1976, No. 38 | . . Industrial Arbitration (Amendment) Act, Section 3. |
1976.
| 1976, No. 43 | . . | Teaching Service (Amendment) Act, 1976 The whole Act. |
| 1977, No. 50 | . . | Teaching Service (Amendment) Act, 1977 The whole Act. |
S C H E D U L E 2. A M E N D M E N T S .
Public Instruct ion Act of 1 8 8 0 — Section 2 4 —
Omit the section.
Bursary E n d o w m e n t Act, 1912—
Section 9 A — After section 9, inse r t :—
9A. The board shall not make any recommendat ion or furnish any report to the Minister in respect of the principles to be applied in granting bursaries unless it has first consulted with the Educa t ion Commission of New South Wales concerning the mat ter the subject of the recommenda t ion or repor t .
Gove rnmen t Insurance Act, 1 9 2 7 — (1) Schedule 2, clause 11 ( 2 ) ( b ) —
Omit the paragraph , insert instead :•—
(b) an officer of a Teaching Service within the meaning of the Educat ion Commission Act, 1980;
( 2 ) Schedule 2, clause 12 ( 1 ) , definition of "retiring a g e " — F r o m paragraph ( a ) , omit " the Teaching Service, within the mean ing of the Teaching Service Act, 1970", insert instead "a Teach ing Service within the meaning of the Educat ion Commiss ion Act , 1980" .
Industr ial Arbi trat ion Act, 1 9 4 0 —
Section 88c (2 ) ( c ) —
Omit "Direc tor of Technical Educat ion" , insert instead "Direc tor -
Genera l of Technical and Fu r the r Educa t ion" . S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
Auct ioneers and Agents Act, 1 9 4 1 —
( 1 ) Schedule 2, clause 2 ( b ) —
Omit the paragraoh, insert instead: —
(b) an officer of a Teaching Service within the meaning of the Educat ion Commission Act, 1980;
| ( 2 ) | Schedule 2, clause 5 ( 1 ) | ( a ) — |
Omit " the Teaching Service within the meaning of the Teaching Service Act, 1970", insert instead "a Teaching Service within the meaning of the Educat ion Commission Act, 1980" .
| ( 3 ) | Schedule 2, clause 5 ( 2 ) | ( b ) — |
Omit the paragraph, insert instead: —
(b)
an officer of a Teaching Service—to some office in the Teaching Service of which he was an officer; or
Crown Employees Appeal Board Act, 1944—
| ( 1 ) | ( a ) | Section 2 ( 1 ) , definition of | "Employe r "— |
Omit "Direc tor-Genera l of Educat ion" , insert instead "appro priate Director-General within the meaning of the Educat ion Commission Act, 1980".
( b ) Section 2 ( 1 ) , definition of "Officer"— (i) F r o m paragraph ( b l ) , omit "Teaching Service Act , 1970", insert instead "Educat ion Commission Act, 1980";
(ii) From paragraph (b2), omit "an employee within the meaning of the Teaching Service Act, 1970,", insert instead "a t emporary employee within the meaning of the Educa tion Commission Act, 1980," .
| ( 2 ) | ( a ) | Section 5 (5 ) | ( a l ) — |
Omit "within the meaning of the Teaching Service Act, 1970,", insert instead "of the Educat ion Teaching Service within the meaning of the Educat ion Commission Act, 1980," .
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(b) Section 5 ( 5 ) ( a 2 ) —
After section 5 ( 5 ) ( a l ) , insert : — (a2) A person nominated by the Director-General of Tech nical and Fur the r Educat ion under this section shall be either himself or an officer of the Technical and Fur the r Educat ion Teaching Service within the meaning of the Educat ion Com mission Act, 1980, or an officer within the meaning of the Public Service Act, 1979, employed in the Depar tmen t of Technical and Fur ther Educat ion.
( 3 ) Schedule 2, clause 12 (2 ) (b ) —
Omit the paragraph, insert i n s t ead :— (b)
an officer of a Teaching Service within the meaning of the Educat ion Commission Act, 1980—to some office in the Teaching Service of which he was an officer; or
Transferred Officers Extended Leave Act, 1 9 6 1 —
(1) Section 2 ( 1 ) , definition of "State employer"—
Omit paragraph ( c ) , insert i n s t ead :—
(c) in relation to persons employed in the Education Teaching
Service under the Educat ion Commission A c t ; 1980—the Director-General of Educat ion; or
(d)
in relation to persons employed in the Technical and Further Educat ion Teaching Service under the Educat ion Commis sion Act, 1980—the Director-General of Technical and
Fu r the r Educat ion.
( 2 ) Section 3 (8 ) — Omit "or ( c ) " , insert instead ", ( c ) or ( d ) " . Educat ion Act, 1 9 6 1 — (1) ( a ) Section 5 C D -
Omit the subsection,
(b) Section 5 ( 2 ) —
Omit "be granted on the recommenda t ion of", insert instead ", in accordance with the provisions of this Act, be granted by".
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(c) Section 5 (2A) —
Omit " recommend the granting of", insert instead "grant" .
(d) Section 5 (3 ) —
Omit "be granted on the recommendat ion of", insert instead ", in accordance with the provisions of this Act, be granted by".
(e) Section 5 (4 ) —
Omit " recommend the granting of", insert instead "grant" .
| (2 ) | (a ) Section 7 (2 ) (d ) — |
Omit "Director" , insert instead "Direc tor-Genera l" .
(b ) Section 7 (4 ) —
Omit "Director" , insert instead "Direc tor -Genera l" .
(3) (a ) Section 8 ( 1 ) (c) —
Omit "authorise the grant of", insert instead "grant" .
(b) Section 8 (3) —
After section 8 ( 2 ) , inser t :— (3) The Secondary Schools Board shall not exercise any power, authority, duty or function so as to introduce or seek the introduction of any new policy, or to change or seek to change any policy, being a policy relating to the overall planning, alloca tion or use of educational resources, unless it has first consulted with the Educat ion Commission of New South Wales concerning
the proposed introduction or change of policy.
| (4 ) | (a ) Section 9 (2 ) (d ) — |
Omit "Director" , insert instead "Direc tor -Genera l" .
(b) Section 9 (4) —
Omit "Director" , insert instead "Direc tor -Genera l" .
| (5 ) | ( a ) Section 10 (1 ) (c) — |
Omit "authorise the grant of such", insert instead "grant higher school".
S C H E D U L E 2—cont inued. A M E N D M E N T S — c o n t i n u e d .
(b ) Section 10 ( 3 ) ~
After section 10 ( 2 ) , inser t :—
(3) The Board of Senior School Studies shall not exercise any power, authori ty, duty or function so as to introduce or seek the introduct ion of any new policy, or to change or seek to change any policy, being a policy relating to the overall planning, allocation or use of educational resources, unless it has first consulted with the Educat ion Commission of New South Wales concerning the proposed introduction or change of policy.
(6 ) (a ) Section 10A (2) —
Omit "direct", insert instead "determine" .
(b ) Section 10A ( 2 ) (b ) —
Omit "and specified in the direction".
(c) Section 10A ( 3 ) —
Omit "direct", insert instead "determine" .
( d ) Section 10A ( 3 ) —
Omit "and specified in the direction".
(e) Section 10A ( 4 ) —
Omit "a direction under" .
(f) Section 10A (5) — Omit the subsection, insert ins tead :— (5) T h e Board shall not m a k e a determinat ion under this section except on application that i s —
(a )
m a d e to it within such period as is prescribed by rules made under section 10B; and
(b ) supported by evidence acceptable to the Board.
(g ) Section 10A ( 6 ) —
Omit the subsection.
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
New South Wales State Conservator ium of Music Act, 1 9 6 5 —
| ( 1 ) | Section | 12 ( 4 ) , | ( 5 ) — |
Omit section 12 ( 4 ) , insert ins tead :—
(4) The Public Service Board may, in relation to the Board con stituted under this Act, exercise its power of delegation under section 35 of the Public Service Act, 1979, in the same way as it may exercise the power in relation to a Depar tment Head, within the meaning of
that Act . ( 5 ) A Depar tment Head, within the meaning of the Public Service Act, 1979, may, in relation to the Board, exercise his power of delegation under section 48 of that Act in the same way as he may exercise the power in relation to any officer of the Depar tment , within the meaning of that Act.
| ( 2 ) | Section 15A (1) | ( a ) — |
After "section 12 ( 4 ) " , insert "or ( 5 ) " .
Technical Educat ion Trust Funds Act, 1967—
Section 5 (4 ) ( b ) — Omit "Director" , insert instead "Direc tor-Genera l" .
Apprentices Act, 1969—-
| (1) Section 9 (2) ( b ) — |
Omit "Director" , insert instead "Direc tor-Genera l" .
(2 ) Section 18 (10) —
Omit "Director" , insert instead "Director-General" ' .
(3) Section 22 (c) —
Omit "Director" , insert instead "Direc tor-Genera l" .
(4) Section 41 ( d ) —
Omit "Director" , insert instead "Director-General" .
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(5 ) Section 62 (2 ) (c ) —
Omit "Direc tor" where thirdly occurring, insert instead "Director-
Genera l" .
Nurses Educat ion Board Act, 1 9 7 3 — (1) Section 6 (1 ) ( a ) — After "Board" , insert ", the Educat ion Commission of N e w South
Wales".
( 2 ) Section 6 ( 3 ) — After section 6 ( 2 ) , insert: —
(3) The Board shall not exercise any function so as to introduce or seek the introduction of any new policy, or to change or seek to change any policy, being a policy relating to the overall planning, allocation or use of educational resources, unless it has first con sulted with the Educat ion Commission of N e w South Wales con cerning the proposed introduction or change of policy.
Technical and Fur ther Education Act, 1974—
( 1 ) Section 4, definition of "Di rec to r -Genera l "—
Omit the definition of "Director" , insert ins tead :— "Direc tor -Genera l" means the Director-General of Technical and
Fur the r Educat ion;
(2 ) Section 10 C D -
Omit "Director" , insert instead "Direc tor -Genera l" .
(3 ) Section 10A C D -
Omit "Director" , insert instead "Direc tor -Genera l" .
(4) (a ) Section 11 —
Omit "On" , insert instead "Subject to subsection ( 2 ) , on".
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(b) Section 11 ( 2 ) —
At the end of section 11, inse r t :—
(2) On and from the day appointed and notified tinder section 2 (2 ) of the Educat ion Commission Act, 1980, a reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document , whether of the same or of a different kind, to the Director of Technical and Fur the r Educat ion shall be read and construed as a reference to the Director-General .
( 5 ) Section 13 (3 ) —
Omit "Direc tor" , insert instead "Director-General" .
| ( 6 ) | Section 15 (4 ) — |
| After section 15 ( 3 ) , inser t :— | |
| (4) The Council shall not make any recommendat ion or furnish any report to the Minister in respect of the introduction of any new policy, or any change in any policy, being a policy relating to the overall planning, allocation or use of educational resources, unless the Council has first consulted with the Educat ion Commission of New South Wales concerning the mat ter the subject of the recommendat ion or report . | |
| (7 ) Section 19 (2 ) | ( a ) — |
Omit "Director" , insert instead "Cha i rman of the Council of Tech nical and Fur the r Educat ion constituted under section 13" .
| (8 ) | Section 26 ( 1 ) — | ||||||
| Omit the subsection. | |||||||
| (9 ) | Section 30 ( 2 ) , ( 5 ) , (6) — | ||||||
| |||||||
| Genera l" . | |||||||
| (10) | Schedule 3, clause 2 ( 1 ) , definition of "dis t r ic t"— | ||||||
| Omit the definition. |
S C H E D U L E 2—cont inued. A M E N D M E N T S — c o n t i n u e d .
Colleges of Advanced Educat ion Act , 1 9 7 5 — (1) ( a ) Section 12 (9 ) — Omi t "section 11A of the Public Service Act, 1902,", insert instead "section 35 of the Public Service Act, 1979,".
( b ) Section 12 ( 9 ) — Omit "an officer", insert instead "a Depar tmen t Head , within the meaning of that Act ," .
(c) Section 12 (10) —
After section 12 ( 9 ) , inser t :—
(10) T o the extent to which a Depar tmen t Head , within the meaning of the Public Service Act, 1979, may , under section 48 of that Act , delegate any power , authori ty, duty or function to any officer of the Depar tment , within the meaning of that Act, he may, under that section, delegate the power, authority, duty or function to a corporate college or to a servant of a corporate college.
(2 ) (a ) Section 13 (2 ) —
Omit " the Teaching Service", insert instead "a Teaching
Service".
(b ) Section 13 (3) — Omit "the Teaching Service", insert instead "a Teaching Service". (c) Section 13 (5 ) —
Omit "Teaching Service Act, 1970,", insert instead "Educat ion
Commiss ion Act, 1980," .
(d ) Section 13 (6 ) (a ) —
Omit " the Teaching Service", insert instead "a Teaching
Service".
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(e) Section 13 (9 ) —
Omit "the Teaching Service", insert instead "a Teaching
Service".
| Teacher Housing Authori ty Act, | 1 9 7 5 — |
(1) Section 4, definitions of " teacher" , "Teaching Service"—•
Omit the definition of " teacher" , insert instead:-—•
" teacher" m e a n s — (a) a member of a Teaching Service; and
(b) a person employed in the Department of Youth and Communi ty Services as a deputy superintendent (educa t iona l ) , educat ional officer or t rained pre school teacher;
"Teaching Service" means the Educat ion Teaching Service under the Educat ion Commission Act, 1980, or the Technical and Fur the r Educat ion Teaching Service under that Act.
| (2 ) | Section 5 A — |
After section 5, insert:—•
5A. The Authori ty shall not exercise or perform any power,
authori ty, duty or function conferred or imposed on it by or under
this or any other Act, section 5 (3 ) excepted, so as to introduce orseek the introduction of any new policy, or to change or seek to change any policy, being a policy relating to the provision or main tenance of suitable and adequate housing accommodat ion for teachers, unless it has first consulted with the Educat ion Commission of N e w South Wales concerning the proposed introduction or change of policy.
| (3 ) | (a ) Section 9 (2 ) | ( a ) — |
Omit " the Teaching Service", insert instead "a Teaching
Service".
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
( b ) Section 9 ( 7 ) — Omit " the Teaching Service", insert instead "a Teaching
Service".
(4 ) Section 10 ( 5 ) — Omit "Teaching Service Act, 1970,", insert instead "Educat ion
Commission Act , 1980," .
(5 ) S c h e d u l e -
Omit so much as relates to Act No . 4, 1970.
Public Servant Housing Authori ty Act, 1 9 7 5 —
( 1 ) Section 4 , definition of "public se rvant"—
Omit paragraph ( a ) .
(2 ) S c h e d u l e -
Omit so much as relates to Act N o . 4 , 1970.
Higher Educat ion Act, 1975—
( 1 ) Section 5 C D - After "Minis ter" , insert ", one of whom shall be a person nominated by the Minister on the recommendat ion of the Educat ion Com
mission of New South Wales" .
(2 ) (a ) Section 9 ( 2 ) — Omit " the Teaching Service", insert instead "a Teaching
Service".
(b ) Section 9 ( 3 ) ( b ) — Omit "the Teaching Service", insert instead "a Teaching
Service".
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(3) Section 11 ( 8 ) —
After section 11 ( 7 ) , insert: —
(8) The Board shall not exercise or perform any power, authority, duty or function conferred or imposed on it by or under this or any other Act so as to introduce or seek the introduction of any new policy, or to change or seek to change any policy, being a policy relating to the overall planning, allocation or use of education resources, unless the Board has first consulted with the Education Commission of New South Wales concerning the proposed intro duction or change of policy.
Statutory and Other Offices Remunera t ion Act, 1975—
Schedule 2, Par t 1—
At the end of the Part , inser t :—
Chai rman of the Educat ion Commission of New South Wales.
Public Service Act, 1979—
(1) Section 23 (2 ) ( a ) —
After "Service", insert "or a Teaching Service within the meaning of the Educat ion Commission Act, 1980".
| (2 ) | ( a ) | Section 24 ( 1 ) , definition of "retiring a g e " — |
After "Service", insert "or a Teaching Service within the meaning of the Educat ion Commission Act, 1980".
(b ) Section 24 (2) ( a ) —
Omit "or" .
(c) Section 24 ( 2 ) ( a l ) —
After section 24 ( 2 ) ( a ) , insert: — ( a l ) an officer of a Teaching Service—to some position in
the Teaching Service of which he was an officer; or
S C H E D U L E 2—continued. A M E N D M E N T S — c o n t i n u e d .
(3 ) ( a ) ' S e c t i o n 65 ( 1 ) — Omit "Teaching Service Act, 1970,", insert instead "Educat ion
Commission Act , 1980," .
(b ) Section 65 ( 2 ) ( a ) — Omit "Direc tor -Genera l of Educat ion" , insert instead "appro priate Direc tor -Genera l within the meaning of the Educat ion Commission Act , 1980".
(c ) Section 65 ( 3 ) — Omit "Teaching Service Act, 1970,", insert instead "Educat ion
Commission Act, 1980," .
(4 ) (a ) Section 80 ( 2 ) — Omit "Direc tor-Genera l of Educat ion" , insert instead "appro priate Director-General within the meaning of the Education Commission Act, 1980" .
(b ) Section 80 ( 2 ) — Omit "Teaching Service Act, 1970," insert instead "Educat ion
Commission Act, 1980,".
(5 ) Schedule 1—
F r o m Column 2, omit "Direc tor of the Depar tmen t . " where occur ring opposite "Depar tmen t of Technical and Fu r the r Educa t ion ." in
Column 1, insert instead "Director-General of the Depar tment ." .
( 6 ) Schedule 5 —
Omit so much as relates to Act N o . 4, 1970.
S C H E D U L E 3. SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS.
1. (1 ) Except in so far as the context or subject-matter otherwise indicates or requires, expressions used in this Schedule have the same meaning as in the Educat ion Commission Act, 1980.
(2) In this Schedule, a reference to a subclause is, unless a contrary
intention appears, a reference to a subclause of the clause in which the
| reference | appears . |
2. (1 ) The person who, immediately before the appointed day, held the office of Director of Technical and Fur ther Educat ion shall be deemed to have been appointed, on the appointed day, in accordance with the Public Service Act, 1979, to the office of Director-General of Technical and
| Fur ther | Education. |
(2) Subject to the Public Service Act, 1979, the person deemed to have been appointed to the office of Director-General of Technical and Fur the r Education under subclause (1 ) shall hold that office on the same terms and conditions as he would, but for this Act, have held the office of Director of Technical and Fur ther Educat ion.
3. On and from the appointed day, a reference in a provision of any Act (other than this Act and the Education Commission Act, 1980) , any instrument made under any such Act or any other ins t rument—
(a) to the Teaching Service (whether the reference is to the Teaching Service tinder, or within the meaning of, the Teaching Service Act. 1970, or otherwise) shall be read and construed as a reference to
the Education Teaching Service; and (b) to the Public Service Board, where the reference occurs in relation to the conferring of functions on the Public Service Board in respect of a member or members of the Teaching Service under the l e a c h i n g Service Act. 1970, shall be read and construed as a reference to the Commission.
4. ( 1 ) In this clause, "transferred person" means a person who becomes a member of a Teaching Service under section 45 (1 ) or 53 (2) of the Education Commission Act. 1980.
S C H E D U L E 3—continued.
SAVINGS, T R A N S I T I O N A L AND O T H E R PROVISIONS—con t inued .
(2 ) A transferred pe r son— (a) shall, subject to the Education Commission Act, 1980, be paid salary or wages at a ra te not less t han the ra te that was payable to h im immediately before he became a member of a Teaching Service, subject to any adjustment necessary to give effect to any fluctuation in a basic or m i n i m u m wage by reference to which his salary or wages is or a re fixed, until the salary or wages payable to h im are varied by the Commission in accordance with that Act ; and (b) shall have a rank, position or grade in a Teaching Service not lower than the rank, position or grade in which he was employed immediately before he became such a member until his rank, position or grade is varied in accordance with law. (3 ) Where any condit ion of employment of a transferred person was, immediately before he became a member of a Teaching Service, regulated by an award or industrial agreement or agreement m a d e under or in pursuance of the Teaching Service Act, 1970, or the Public Service Act, 1979, that condit ion shall cont inue to be so regulated as if the award or industrial agreement applied to h im as such a member or the agreement m a d e under or in pursuance of the Teaching Service Act, 1970, or the Public Service Act, 1979, were an agreement m a d e under section 26 (1) of the Educat ion Commission Act, 1980, and applied to him as such a member .
(4) Annua l and sick leave shall cont inue to accrue to a transferred person on the same basis as they accrued to him immediately before the appointed day as a member of the Teaching Service under the Teaching Service Act, 1970, or an officer or t emporary employee of the Public
Educat ion Commission Act, 1980. Service until that basis is varied or altered by the Commission under the (5 ) A transferred person shall be entitled to receive as a member of a Teaching Service any annual leave or sick leave accrued to h im as a member of the Teaching Service under the Teaching Service Act, 1970, or an officer or temporary employee of the Public Service as at the day on which he became a member of a Teaching Service under the Educat ion Commission Act, 1980.
(6) A transferred person shall not, in respect of the same period of
service, be entitled to claim a benefit under this Act and another Act.
S C H E D U L E 3—continued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—con t inued .
5. A person included, immediately before the appointed day, in a division of the Teaching Service under the Teaching Service Act, 1970, shall, subject to this Act and the Educat ion Commission Act, 1980, be deemed to be a member of the corresponding division of the Educat ion Teaching Service.
6. A classification, determinat ion or promotions list in force under section 17 of the Teaching Service Act. 1970, immediately before the appointed day, shall be deemed to be a classification, determinat ion or promotions list, as the case may require, under section 40 of the Educat ion Commission Act, 1980.
7. ( 1 ) A delegation by the Director-General of Educat ion, being a dele gation in force under section 18 of the Teaching Service Act, 1970, immediately before the appointed day, shall be deemed to be a delegation by the Director-General under section 41 of the Education Commission Act,
1980.
( 2 ) A delegation by the Director-General of Technical and Fur ther Educat ion, being a delegation in force under section 48 of the Public Service Act. 1979, immediately before the appointed day, to a person who, on the appointed day, becomes a member of the Technical and Fur the r Educat ion Teaching Service under section 53 of the Educat ion Commission Act, 1980, shall be deemed to be a delegation by the Director- Genera l under section 41 of the Educat ion Commission Act, 1980.
| 8. An agreement entered into and in force under section 26 ( 3 ) of the Teaching Service Act. 1970, immediately before the appointed day. shall be deemed to have been entered into under section 26 (1 ) of the Educat ion Commission Act, 1980. |
9. A promotions committee constituted, immediately before the appointed day, under section 29 of the Teaching Service Act, 1970, for a division of the Teaching Service under that Act shall be deemed to be a promotions commit tee constituted under section 61 (1 ) of the Educat ion Commission Act, 1980, for the corresponding division of the Educat ion Teaching Service.
S C H E D U L E 3—continued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—con t inued .
10. (1 ) A n appeal or inquiry pending, immediately before the appointed day, under section 28 of the Teaching Service Act, 1970, shall be deemed to be an appeal or inquiry, respectively, under section 60 of the Educat ion Commission Act, 1980.
(2 ) Where , immediately before the appointed day, an appeal may be m a d e under section 28 of the Teaching Service Act, 1970, the appeal may be made , after that day, under and in accordance with section 60 of the Educa t ion Commission Act, 1980.
11 . (1 ) A permission of the Direc tor -Genera l of Educat ion, being a permission in force under section 41 of the Teaching Service Act, 1970, immediately before the appointed day, shall be deemed to be a permission of the Director-General in force under section 89 (1 ) of the Educat ion Commission Act, 1980.
( 2 ) A permission of the Public Service Board, being a permission in force under section 99 ( 1 ) of the Public Service Act, 1979, immediately before the appointed day, in relation to a person who, on the appointed day, becomes a member of the Technical and Fu r the r Educat ion Teaching Service unde r section 53 of the Educat ion Commission Act, 1980, shall be deemed to be a permission of the Director-General of Technical and Fur the r Educat ion under section 89 (1 ) of the Educat ion Commission Act, 1980.
12. (1) In this clause, "appellate body" means the Crown Employees Appeal Board, a Promot ions Appeal Tr ibunal constituted under section 69H of the Public Service (P romot ion Appeals) Act, 1902, and the Government and Related Employees Appeal Tr ibunal .
(2 ) Where immediately before the appointed day an appeal is
pending before, or may be m a d e to, an appellate body by any person whoon that day becomes a member of the Technical and Fur the r Educat ion
Teaching Service by the operat ion of section 53 of the Educat ion Com
mission Act, 1980, that appeal m a y —(a) where it was pending, be cont inued and completed; or
(b) where it is made after the appointed day, be commenced within the period prescribed by the Crown Employees Appeal Board Act. 1944, the Public Service (Promot ion Appeals ) Act, 1902, or the Government and Related Employees Appeal Tr ibunal Act, 1980. as the case may require, and be continued and completed. and may be determined by the appellate body and the determinat ion of the appellate body on the appeal shall be given effect to by the Director-General of Technical and Fur the r Educat ion.
S C H E D U L E 3—continued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—con t inued .
(3 ) W h e r e — (a)
immediately before the appointed day, an appeal is pending before, or may be made to, the Crown Employees Appeal Board or the Government and Related Employees Appeal Tr ibunal by any person against a decision or determinat ion of the Public Service Board or the Director-General of Technical and Fur ther Educa t ion—
(i) for the reduct ion in rank, position or g rade of that person;
(ii) for the dismissal of that person; or(iii) requiring that person to resign; and
(b) that person does not by the operation of section 53 of the Educat ion Commission Act, 1980. become a member of the Technical and Fur ther Educat ion Teaching Service but would, had his rank, position or grade not been reduced or had he not been dismissed or required to resign, as the case may be, have become a member of that service by the operat ion of that section,
| the appeal | m a y — |
(c) where it was pending, be continued and completed; or
(d)
where it is made after the appointed day, be commenced within the period prescribed by the Crown Employees Appeal Board Act, 1944, or the Government and Related Employees Appeal Tribunal Act, 1980, as the case may require, and be continued and completed.
and may be determined by the Crown Employees Appeal Board or the
| Government and Related Employees Appeal Tr ibunal , as the case may | require, and the Board or Tribunal may, if it upholds the appeal, make such |
| orders as it thinks fit with respect to the employment of that person in the Technical and Fur the r Education Teaching Service, and any such order shall be given effect to by the Director-General of Technical and Fur ther Education. | |
| (4 ) Where a person becomes a member of the Technical and Fur ther Educat ion Teaching Service by virtue of an order made under subclause ( 3 ) , he thereupon ceases to be employed under the Public Service Act, 1979. and the provisions of clause 4 apply to him in the same way as they apply to persons who become members of that service under section 53 of the Education Commission Act, 1980. |
S C H E D U L E 3—continued.
SAVINGS, T R A N S I T I O N A L AND O T H E R PROVISIONS—con t inued .
13. ( 1 ) The reference in section 49 (1 ) of the Educat ion Commission Act, 1980, to an officer who has been retired from a Teaching Service includes a reference to an officer who has been retired from the Teaching Service unde r the Teaching Service Act, 1970.
(2 ) T h e reference in section 57 ( 1 ) of the Educat ion Commission
Act, 1980, to an officer who has been retired from a Teaching Service includes a reference to an officer who has been retired, before the appointed day, f rom the Depa r tmen t of Technical and Fur the r Educat ion under the Public Service Act, 1902, or the Public Service Act, 1979.
(3 ) The reference in section 57 (1 ) of the Educat ion Commission Act, 1980, to an officer whose services have been dispensed with under section 72 of that Act includes a reference to a person whose services in the Depar tmen t of Technical and Fur the r Educat ion have been dispensed with, before the appointed day, under section 9 ( 2 ) of the Public Service Act, 1902, or under section 113 of the Public Service Act, 1979.
14. A period prescribed by the rules m a d e under section 10B of the Educat ion Act, 1961, as in force immediately before the appointed day, being a period prescribed for the purposes of section 10A (5) ( b ) of that Act, as so in force, shall, subject to that Act, be deemed to be the period prescribed for the purposes of section 10A (5 ) ( a ) of that Act, as amended by this Act .
15. Any regulations in force under section 49 of the Teaching Service
Act, 1970, immediately before the appointed day, shall, to the extent that
they could have been made under the Educat ion Commission Act, 1980, on or after that day, be deemed to have been made under section 100 of the
Educat ion Commission Act, 1980.16. Schedule 1 to the Educat ion Commission Act, 1980, applies to and in respect of a person who. immediately before his appointment as the Cha i rman , was an officer of the Teaching Service within the meaning of the Teaching Service Act, 1970, in the same way as it applies to a person who. immediately before his appointment as the Cha i rman , was an officer of a Teaching Service within the meaning of the Educat ion Commission Act,
S C H E D U L E 3—continued.
SAVINGS, T R A N S I T I O N A L AND O T H E R PROVISIONS—con t inued .
17. ( 1 ) T h e Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enac tment of the Educat ion Commission Act, 1980, and this Act .
( 2 ) A provision made under subclause ( 1 ) may take effect as from the appointed day or a later day.
( 3 ) T o the extent to which a provision referred to in subclause ( 1 )
takes effect from a da te that is earlier than the date of its publicat ion in
the Gazet te , the provision does not operate so a s —
(a) to affect, in a manner prejudicial to any person (other than the State or an authori ty of the S ta te ) , the rights of that person existing before the date of its publication therein; or
(b) to impose liabilities on any person (other than the State or an authori ty of the State) in respect of anything done or omit ted to
be done before the date of its publication therein.
( 4 ) A provision made under subclause ( 1 ) shall, if the regulations unde r this clause so provide, have effect notwithstanding the foregoing clauses of this Schedule.
S C H E D U L E 4.
F U R T H E R A M E N D M E N T S .
Governmen t and Related Employees Appeal Tribunal Act , 1 9 8 0 —
| ( 1 ) | ( a ) Section 4 ( 1 ) , definition of "employee"— |
Omit paragraph ( b ) , insert i n s t ead :—
(b) a person who is an officer within the meaning of section 4 (1 ) of the Educat ion Commission Act , 1980, or a temporary employee within the meaning of that subsection;
S C H E D U L E 4—cont inued. F U R T H E R A M E N D M E N T S — c o n t i n u e d .
(b ) Section 4 ( 1 ) . definition of "employe r"—
Omit paragraph ( b ) , insert instead: —
(b) in relation to an employee of the class referred to in paragraph (b ) of that definition—
(i) for the purposes of those provisions of this
Act relating to the membership and constitu tion of the Tr ibuna l—the appropr ia te Director-General within the meaning of section 4 (1 ) of the Educa t ion Commission Act, 1980; and
(ii) for the purposes of those provisions of this
Act relating to the making of appeals and the hearing of appeals—the person against whose decision the appeal is made , being, as the case may require, the appropr ia te Director- General or a prescribed officer within the meaning of section 82 of the Educat ion Commission Act, 1980;
(2) (a ) Schedule 2. clause 4 ( b ) —
Omit the paragraph, insert instead: —
(b) an officer of the Education Teaching Service within the meaning of section 4 (1 ) of the Educat ion Commission
Act. 1980; or
(b ) Schedule 2. clause 4 A —
After clause 4. insert: — 4A . A person nominated by the Director-General of Tech
nical and Fur ther Education in accordance with this Schedule
shall b e
(a) the Director-General of Technical and Fur ther Educat ion;
(b) an officer of the Technical and Further Education Teaching Service within the meaning of section 4 (1) of the Educat ion Commission Act, 1980; or
(c) an officer within the meaning of section 4(1) of the Public Service Act, 1979, employed in the Depar tment of Technical and Fur the r Educat ion.
S C H E D U L E 4—continued. F U R T H E R A M E N D M E N T S — c o n t i n u e d .
Educat ion Commission Act, 1980—
| ( 1 ) | Section 48 ( 5 ) — |
Omit "Crown Employees Appeal Board" , insert instead "Government and Related Employees Appeal Tr ibunal" .
| ( 2 ) | Section 56 (5 ) — |
Omit "Crown Employees Appeal Board", insert instead "Govern ment and Related Employees Appeal Tr ibunal" .
| (3 ) | ( a ) Section 62 ( 1 ) — |
Omit "Crown Employees Appeal Board Act, 1944", insert instead "Governmen t and Related Employees Appeal Tribunal Act, 1980".
(b ) Section 62 (2) —
Omit "Crown Employees Appeal Board Act, 1944,", insert instead "Governmen t and Related Employees Appeal Tr ibunal Act. 1980.".
(4) Section 65 (3 ) —
Omit "Crown Employees Appeal Board Act, 1944,", insert instead "Government and Related Employees Appeal Tr ibunal Act, 1980,".
| (5 ) ( a ) | Section 68 ( 1 ) | ( b ) — |
Omit the paragraph, insert ins tead :—
(b)
against which he would, but for section 21 (1) (d) of the Government and Related Employees Appeal Tri bunal Act, 1980, have been entitled to appeal under that Act,
( b ) Section 68 (4 ) —
Omit "Crown Employees Appeal Board" , insert instead "Gov ernment and Related Employees Appeal Tr ibunal" .
S C H E D U L E 4—continued. F U R T H E R A M E N D M E N T S — c o n t i n u e d .
(6) Section 76 ( 2 ) —
Omit "Crown Employees Appea l Board Act, 1944", insert instead "Governmen t and Related Employees Appeal Tr ibunal Act 1980".
( 7 ) ( a ) Section 85 (4 ) — Omit "section 10 of the Crown Employees Appeal Board Act, 1944,", insert instead "section 26 of the Government and Related Employees Appeal Tr ibunal Act, 1980,".
(b ) Section 85 ( 5 ) — Omit "section 10 of the Crown Employees Appeal Board Act, 1944,", insert instead "section 24 of the Government and Related Employees Appeal Tribunal Act, 1980,".
( c ) Section 85 ( 5 ) —
Omit "section 10 ( 1 ) ( e ) " , insert instead "section 23 (1 ) ( g ) " .
( 8 ) Section 87 ( 2 ) — Omit "Crown Employees Appeal Board Act , 1944,", insert instead "Gove rnmen t and Related Employees Appeal Tr ibunal Act, 1980,".
(9 ) Section 9 6 — Omit "Crown Employees Appeal Board", insert instead "Gove rnmen t and Related Employees Appeal Tr ibuna l" .
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